Back
SIDDHARTHA ROY CHOWDHURY
Chloride Power Systems & Solutions Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
1. This criminal appeal challenges the judgment and order dated 11th December, 2017 passed by learned 12th Court of Metropolitan Magistrate in case no. C-21081 of 2011 (T.R. No. 1341 of 2011) recording an order of acquittal against accused person.
2. Briefly stated, Sri Subrata Nag, Senior Manager-Commercial and Legal as well as authorized representative of Chloride Power Systems and Solutions Limited (formerly known as Caldyne Automatics Limited) represented through its employee filed a petition under Section 138 of the N.I. Act, 1881, against Dharmendra Singh, Proprietor of Venus International contending, inter alia, that the accused approached the complainant for procuring renewal energy devices and spare parts (e.g. Solar Battery, solar Module etc.) for his requirement and had placed purchase order dated 5th May, 2011 for Rs. 9,86,136/- and CAL/02/2011-12 dated 9th June, 2011 for Rs. 14,13,422/- respectively. The complainant company duly supplied the required materials in terms of the purchase orders and raised two invoices bearing no. C/00082/2011-12 dated 24th May, 2011 for Rs. 9,86,135/- and C/00124/2011-12 dated 13th June, 2011 for Rs. 14,13,678/- and the same were d
THE DRAWER OF A CHEQUE CANNOT BE HELD LIABLE TO PAY THE CHEQUE AMOUNT WHEN THERE IS MISMATCH BETWEEN THE ARTICLES OR GOODS FOR WHICH THE CHEQUE WAS ISSUED AND THE GOODS OR ARTICLES ACTUALLY SUPPLIED.
The presumption of liability under Section 139 of the N.I. Act is mandatory, and the burden to rebut this presumption lies with the accused, who must provide credible evidence to support any claims o....
Dishonor of a cheque for 'payment stopped by the drawer' constitutes an offense under Section 138 of the NI Act, reinforcing the presumption of liability.
Strict construction of penal provisions, timing of complaint filing, and dishonour reasons under section 138 N.I. Act.
The presumption of liability under Section 139 of the Negotiable Instruments Act applies despite account seizure; the burden to disprove liability lies with the accused.
The judgment emphasizes the importance of trial to determine liability under settlement agreements and the applicability of Section 141 of the N.I. Act. It also clarifies the conditions under which t....
The court clarified that for criminal liability under Section 138, a cheque must be presented to the drawee bank within six months from its date.
Dishonour of cheque by bank on the ground that cheque was dishonoured under instruction of drawer of cheque to stop payment, would be covered by Section 138 of Negotiable Instruments Act, 1881.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
