LALITA HUNDIYA Vs. GOVIND NARAYAN KHUTETA

JUDGEMENT

(1.) BRIEF facts of the case are that the accused-respondent No. 1 entered into a commercial transaction and made purchases from the petitioner M/s. Milk Vita Dairy Product, C-7, New Grain Depot, Chandpol Bazar. The particulars of the purchases between the period from 10.04.2000 to 14.04.2000 are as under :

(2.) FROM 18.04.2000 to 24.04.2000, the accused-respondent No. 1 Issued cheques of different amounts towards the aforesaid bills i.e. Cheque No. 449969 dated 18.04.2000 for Rs. 67,540.00, Cheque No.449956 dated 23.04.2000 for Rs. 50,992.50 and Cheque No. 449961 dated 24.04.2000 for Rs. 37,394.50 and the aforesaid cheques were of Punjab National Bank, Branch in Johari Ba- zar, Jaipur and were Issued In the name of firm Milk Vita Dairy Products with assurance that the payment will be made as and when the same will be pre sented before the bank.

(3.) ON 10.07.2000 a complaint under Section 138 of the Negotiable Instruments Act, 1881 was moved before the Additional Chief Judicial Magistrate (Sr. Division) No. 3, Jaipur City, Jaipur. The Power of Attorney was examined by the Court and Power of Attorney, bills, cheques, letters of banker as well as notices were produced and exhibited as Ex.PI to Ex.P15.