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2023 Supreme(Cal) 253

SIDDHARTHA ROY CHOWDHURY
Chloride Power Systems & Solutions Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appellant:Nigam Ashish Chakraborty, Agniva Banerjee, Joydeb Ghorai, Diptesh Ghorai, A. Paul, Advocates.
For the Respondents:N.P. Agarwal, P. Bose, R2, Debasish De, Debanjana De, Advocates.

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

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