SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(P&H) 2001

AMAN CHAUDHARY
Haryana State Cooperative Supply And Marketing Federation Ltd – Appellant
Versus
Hanuman Rice Mill – Respondent


Advocates appeared:
Mr. Pawan Girdhar and Mr. Manav Bajaj, Advocates, for the Appellant; Mr. Parminder Singh, Advocate, for the 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

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              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

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top