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2012 Supreme(Kar) 624

JAWAD RAHIM
Cheminova India Limited, Mumbai, rep. by its Area Manager – Appellant
Versus
Jajee Pesticides, Gulbarga – Respondent


Advocate Appeared:
For the Appellant:Prahlad for M/s. Rao Prasad & Co., Advocates.
For the Respondents:Pramod N. Kathavi, Advocate.

Judgment

1. Complainant’s appeal against acquittal of the respondents for offences punishable under Section 138 of the N.I. Act.

2. Heard learned counsel Sri. S. Prahlad appearing for the appellant and Sri. Pramod N Kathavi, learned counsel for the respondents/accused. Perused the record in supplementation thereto.

3. The contextual facts needing reference are:

The appellant/company incorporated under the Companies Act initiated prosecution against respondent No.1, a partnership concern for offences punishable under Section 138 of the N.I. Act on material allegation that it had appointed the accused/partnership firm as its distributor to deal with the agricultural products manufactured by it. The first respondent was represented by its partners respondents 2 and 3. During the course of said business transaction, the complainant accepted the order placed by the first respondent/accused and supplied its products which was documented in the Invoice. On delivery of the material indented by the accused, the transaction was complete. The accused/firm was liable to pay the value of the products so supplied and delivered. The accused acknowledging its liability to pay Rs.1,50,000/- issued the



































































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