JAWAD RAHIM
Cheminova India Limited, Mumbai, rep. by its Area Manager – Appellant
Versus
Jajee Pesticides, Gulbarga – Respondent
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
ASSOCIATED CEMENT COMPANY LIMITED vs. KESHAVANAND (AIR 1998 SC 596)
THE ASSOCIATED CEMENT CO. LTD. vs. KESHVANAND (AIR 1998 SC 596);
GOA PAST (P) LTD vs. CHICO URSULA D SOUZA (AIR 2003 SC 2035)
KRISHNA JANARDHAN BHAT vs. DATTATRAYA G.HEGDE (AIR 2008 SC 1325(1))
NATIONAL SMALL INDUSTRIES CORPORATION LTD. v. STATE (NCT OF DELHI) reported in AIR 2009 SC 1284)
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