UTTAM RAM Vs. DEVINDER SINGH HUDAN AND ANOTHER

JUDGEMENT

(1.) The complainant is the appellant, who aggrieved by the dismissal of his complaint under Sec. 138 of the Negotiable Instruments Act (for short the 'Act'), has filed the instant appeal.

(2.) Precisely, the case set up by the appellant is that he was an orchardist, grower and was also having his own apple forwarding agency at places Gugra, Kutwa, Dohva and surrounding areas within Tehsil Anni, District Kullu, H.P. The appellant also used to supply apple cartons, apple trays and other allied packing material to his clients on cash and credit basis. The appellant also owned commercial rope way span which connected various apple orchards with the road head so as to provide facility to the growers to carry their produce from the orchards.

(3.) During the apple season in the year 2011, accusedrespondent No.1 purchased apple crop of various growers in villages Kutwa, Dohva and surrounding areas in Phati Buchhair, Tehsil Anni directly from orchards and thereafter the same was carried towards road head through the rope way span of the appellant. This was pursuant to a bargain entered into between the appellant and respondent No.1 wherein it was further agreed that respondent No.1 would purchase entire packing material from the appellant and thereafter forward the entire apple crop in the apple market through the forwarding agency of the appellant named and styled as "Uttam Ram Forwarding Agency, Gugra-Chowai". However, later on, the apple produce was forwarded by respondent No.1 through his personal arrangement, but the entire packing material was procured from the appellant on credit basis through an authorized agent namely Prem Chand son of Shri Kumat Ram. As per the agreement, the appellant supplied packing material to respondent No.1 and also paid a sum of Rs.2,00,000.00 to him for meeting out the expenses of labour etc. which amount was not returned to the appellant.