REGENT COMPUTRONICS PVT. LTD.

Himalya Plastic Ltd. Appellant

V/S

RAM SINGH Respondents

Referred Judgements :-

MEETA RAI VS. GULSHAN MAHAJAN [REFERRED TO]
M/S SHREYA AGRO SERVICES PVT. LTD. VS. CHANDRAKUMAR S.B. [REFERRED TO]
RANGAPPA VS. SRI MOHAN [REFERRED TO]
DIRECTOR,MARUTI FEEDS AND FARMS PRIVATE LIMITED,DHARWAD VS. BASANNA PATTEKAR [REFERRED TO]
MILIND SHRIPAD CHANDURKAR VS. KALIM M KHAN AND ANR. [REFERRED TO]
LAKSHMI SRINIVAS SAVINGS AND CHIT FUNDS SYNDICATE PVT LTD. VS. S. BHOJARAJAN [REFERRED TO]
MANOJ SHARMA VS. ANIL AGGARWAL [REFERRED TO]
ASHOK DEBBARMA @ ACHAK DEBBARMA VS. STATE OF TRIPURA [REFERRED TO]
ASHOK LEYLAND FINANCE LIMITED VS. STATE OF RAJASTHAN AND ANR. [REFERRED TO]
V.U. PATHROSE VS. V.K. JEEVALAN [REFERRED TO]
HANS KUMAR JAIN VS. RENU GANDOTRA @ POONAM [REFERRED TO]
SUSAMMA RAJU VS. K.M. WILSON [REFERRED TO]
SACHIN FOOD PROCESSOR VS. SANJAY T. PATHAK (KULKARNI) [REFERRED TO]
SANTHI VS. MARY SHERLY [REFERRED TO]
M/S MOHAN MEAKIN LIMITED VS. M/S SPIRIT AND BEVERAGES L-1 [REFERRED TO]
KALAMANI TEX AND ANOTHER VS. P. BALASUBRAMANIAN [REFERRED TO]
B. KRISHNA REDDY VS. SAYED HAFEEZ (DIED) PER L.R. SMT. NASEEMA BEGUM AND ANR. [REFERRED TO]
GHANSHYAMDAS LALCHAND CHANDAK VS. SHEIKH HAMID SHEIKH GULAB AND ANR. [REFERRED TO]
M/S BAJAJ FINANCE LIMITED VS. POOJA NARAYAN KHETAN [REFERRED TO]
K. BASHEER VS. C.K. USMAN KOYA [REFERRED TO]
KISHAN RAO VS. SHANKARGOUDA [REFERRED TO]
SAMPELLY SATYANARAYANA RAO VS. INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED [REFERRED TO]
BIR SINGH VS. MUKESH KUMAR [REFERRED TO]
RAJASTHAN PUBLIC SERVICE COMMISSION VS. SHIKUN RAM FIRUDA [REFERRED TO]
RAJESH JAIN VS. AJAY SINGH [REFERRED TO]

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 28/5/2010, passed by learned Judicial Magistrate First Class, Solan, District Solan, H.P. (learned Trial Court), vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (NI Act). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the NI Act. It was asserted that the complainant is a C mpany duly incorporated under the Indian Companies Act. Madan Sharma is the Managing Director of the complainant Company. He executed a General Power of Att rney in favour of Sita Ram Verma to file the present complaint. The complainant is involved in the business of manufacturing and selling HDPE pipes, fittings, sprinklers, drip irrigation systems, PIB (silicon-coated), and HDPE Telecom Duct. The accused purchased various items from the complainant on credit. He issued a cheque of ?6,56,202/-drawn on Bharatpur Anchalik Gramin Bank, Sodawas Branch. The complainant presented the cheque before its Bank, but it was dishonoured with an endorsement 'account closed". A notice was served upon the accused asking him to pay the amount; however, the accused failed to pay any money despite receipt of the valid notice of demand. Hence, the complaint was filed to take action as per the law.

(3.) The learned Trial Court recorded the preliminary evidence and found sufficient reasons to summon the accused. When the accused appeared before the Court, notice of accusation was put to him, to which he pleaded not guilty and claimed to be tried.

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HIMALYA PLASTIC LTD. Vs. RAM SINGH

Referred Judgements :-

JUDGEMENT

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