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2023 Supreme(Kar) 204

P. N. DESAI
Indian Potash Limited – Appellant
Versus
S. M. Sadalage – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Rishikesh Madhav, Advocate For Sri. T.Satyanarayan, Advocate
For the Respondent:Sri. V.M. Sheelvant, Advocate

JUDGMENT :

This appeal arising out of judgment of acquittal passed by the V Addl. Judge, Court of Small Causes and XXIV Addl. Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru (SCCH-20), wherein, respondents/accused were acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred as 'N.I. Act') in CC.No.28722/2006 dated 25.08.2012.

2. The appellant was the complainant and respondents were the accused before trial court. They will be referred as such as per their respective ranks held before the trial court for the sake of convenience.

3. Brief case of the complainant before the trial Court was that:

    Complainant was a Company registered under the Indian Companies Act, it was engaged in importing of fertilizers and marketing. They are suppliers and distributors of M.O.P. DAP.17:17:17 and 20:20:20 etc. Accused No.1 is the Chairman and accused No.2 is the Director of M/s. Ganeshanugraha Fertilizers and Chemicals Private Limited, who are the dealers and manufacturers of chemicals and fertilizers. Complainant used to supply raw-materials and fertilizers to accused who in turn used to market it and supply of the materials by the comp

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