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GAUHATI HIGH COURT
, J
Sri Manab Lahkar – Appellant
Versus
Sri Mukunda Ram Das – Respondent
| Table of Content |
|---|
| 1. appellant appeals against acquittal of respondent. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's view on authorization validity and proof thresholds. (Para 7 , 9 , 14 , 18) |
| 3. arguments presented regarding authorization and cheque issuance. (Para 8 , 10 , 12) |
| 4. court's examination of evidence shows cheque is security. (Para 24 , 28 , 34) |
| 5. final ruling and dismissal of the appeal. (Para 36 , 38) |
1. This appeal has been filed by the appellant, Sri Manab Lahkar, challenging the Judgment and Order dated 06.12.2012, passed by the learned SDJM(S) - II, Kamrup, in connection with C R Case No. 7319C / 2005, acquitting Sri Mukunda Ram Das (referred to as respondent No. 1) of offence under S.138 of the Negotiable Instruments Act, 1881 (the NI Act, for short). The State of Assam is arrayed as respondent No.
2. The appellant was the Marketing Manager of the Company, Gupta Hardware Private Limited (also referred to as "Gupta Hardware"). The appellant was authorized by Sri Rajendra Kashyap Gupta, the Director of Gupta Hardware, to institute this case on his behalf. The respondent No. 1 had purchased 260 bags of cement @ Rs.188/- per bag, amounting to Rs.48,880/- and transportation charge
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