IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 306 OF 2016

(Arising out of SLP (Criminal) No. 1587 of 2013)

B.M. BASAVARAJ ... Appellant

VERSUS

SRINIVAS S. DATTA ... Respondent

O R D E R

Leave granted.

We have heard learned counsel for the parties at

length.

The appellant herein had filed a complaint under

Section 138 of the Negotiable Instruments Act, 1881,

(hereinafter referred to as 'Act'), inter alia, alleging

therien that it had entered into a contract with the

respondent herein as per which the appellant was to supply

some material for the completion of certain project which

was undertaken by the respondent. It was further stated

that the respondent was supposed to make payment in terms of

the said agreement as under: -

“Payment

1.

Rs. 25,000.00 at the time of release of Purchase

Order

2. Rs. 25,000.00 at the time of Board Level

Demonstration.

3. Rs. 25,000.00 at the time of Road Triais.

4. Rs. 50,000.00 at the time of supply of units.

5. Balance Rs. 50,000.00 plus the taxes applicable

1

Digitally signed by

NIDHI AHUJA

Date: 2016.04.13