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2013 Supreme(Del) 2070

S.P.GARG
Total Finaelf India Limited – Appellant
Versus
Rashmi Parnami – Respondent


Advocates:
For the Appellant : Mr. Sanjiv Bahl, with Mr. Eklavya Bahl, Advo#31;cates.
For the Respondent: None.

JUDGMENT :

S.P. Garg, J.

 

1. The present appeal has been pre­ferred by the appellant M/s. Total Finaelf In­dia Ltd. challenging order dated 17.02.2007 in Complaint Case No. 597771/04 under sec­tion 138 Negotiable instruments Act by which the respondent was acquitted.

 

2. I have heard the learned counsel for the appellant and have gone through the written synopsis filed by the respondent. It reveals that the appellant filed a complaint case under section 138 Negotiable Instru­ments Act alleging that the respondent com­mitted default in making payments for the goods supplied to her being distributor. It was alleged that with great persuasion, the respondent issued nine cheques detailed in Para 06 of the complaint amounting to 11,08,546.78/- for the outstanding dues. The cheques when presented were dishonoured with the remarks 'not arranged for' vide bank return memo dated 21.10.1997 which was received on 12.11.1997. Demand notice dated 23.11.1997 Sent to the respondent vide Registered AD was returned with the en­dorsement 'not met' on 02.12.1997. The re­spondent was served of the legal notice sent through UPC. The respondent failed to make the payment despite demand notice.

 

3. Learned

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