AMAN CHAUDHARY
Haryana State Cooperative Supply And Marketing Federation Ltd – Appellant
Versus
Hanuman Rice Mill – Respondent
JUDGMENT
Aman Chaudhary, J. - Instant criminal appeal emanates from the judgment dated 15.9.2014 passed by the Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri, vide which complaint No. 50 dated 19.10.2012, filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), was dismissed.
FACTUAL MATRIX
2. Briefly put, the averments made in the complaint filed by the complainant-appellant were that 47322 quintals and 80 kgs of paddy was supplied for custom milling to the respondents, in terms of an agreement dated 18.11.2009, entered into between the parties. It was averred that on having lifting the same from the Sheller, it was found short of 6738 qnts. 2 kgs, alongwith some tarpaulins and wooden crates. The total loss came down to be calculated amounting to Rs.78,00,800/-. It was further averred in the complaint that in discharge of the same existing part liability the respondent issued a cheque bearing No. 068821 dated 2.6.2010, for a sum of Rs.50 lakhs, drawn on the State Bank of India Jagadhari, which on presentation on 27.9.2010, came to be dishonoured vide memo of the even date with the remarks 'funds insufficient'. The cheque was again presented on 6
G. Vasu vs. Syed Yaseen Sifuddin Quadri AIR 1987 AP 139.
Indra Kumar Patodia & another vs. Reliance Industries Ltd. &Ors." reported as (2012) 13 SCC 1
M.S. Narayana Menon @ Many vs. State of Kerala and another (2006) 6 SCC 39
Narsingh Dass Tapadia vs. Goverdhan Dass Partani (2000) 7 SCC 183
P.Mohanraj and others vs. M/s Shah Brothers Ispat Pvt. Ltd.
Yogendra Pratap Singh vs. Savitri Pandey and another reported as (2014) 10 SCC 713
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