SUDEEP TRADING COMPANY Vs. DEEPAK AUKTA AND OTHERS

JUDGEMENT

(1.) The complainant/victim, stands aggrieved, by the pronouncement, of, an order, of acquittal by the learned trial Court, vis-a-vis the accused, upon, Cr. Complaint No. 40-3 of 2007.

(2.) The facts relevant to decide the instant case, are that M/s Sudeep Trading Company through its proprietor Suddep Bansal has filed a criminal complaint against accused, namely, Deepak Aukta Proprietor of M/s Deepak Electrical Store and M/s Deepak Electrical Store through its proprietor. In the complaint, it is alleged that the complaint deals in sales/trading of electrical, Hardware items, paints etc. at Parwanoo. The accused has business relations with the complainant and he is in full control over the administrative and financial affairs of concern, M/s Deepak Electrical Store. It is further alleged that the accused used to regularly place orders on telephone to the complainant for purchasing electrical goods and as per orders the complainant sold the items to the accused. It is also alleged that in order to discharge part of the liability being the price of items purchased, accused had issued two cheques, one bearing No.957286 of 10.1.2006 for a sum of Rs.15,000.00 and the other bearing No.957287 of 29.11.2006 for a sum of Rs.20,000.00, in favour of the complainant drawn on State Bank of India, Jubbal. It is alleged that the accused had assured the complainant that the cheques would be encahsed as and when presented. Further, it is alleged that the complainant, had presented the cheques through its banker i.e. The Parwanoo Urban Co-operative Bank, Sector-1, Parwanoo but the same were returned as unpaid on the ground "Exceeds Arrangement". It is alleged that the complainant was intimated by its banker at Parwanoo through the returning memo dated 17.5.2007 alongwith the dishonoured cheques and another returning memo from the banker of the accused with remarks "Exceeds Arrangement". On receipt of this information regarding dishonour of cheques, legal notice of 4.6.2007, calling upon them to make the payment for the aforesaid dishonoured cheques, but despite the service of the said notice(s) the accused have not made any payment to the complainant and thereby have committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.

(3.) A notice of accusation, was, put to the accused by the learned trial Court, for his, committing an offence punishable under Sec. 138 of the Negotiable Instruments Act. In proof of his case, the complainant examined 3 witnesses. On conclusion of recording, of, the complainant's evidence, the statement of the accused under Sec. 313 of the Code of Criminal Procedure, was, recorded by the learned trial Court, wherein, the accused claimed innocence, and, pleaded false implication, besides he examined two witnesses in his defence.