Accused : Mahalakshmi Printing Solutions 2 C.C. 15595 / 2018 A4 Sector 40, Noida 201301 Represented by Mr. Samit Magan (By Sri. M.M.Ashoka Adv.) Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty. Final Order : Accused is acquitted Date of Order : 02.08.2025 3 C.C. 15595 / 2018 JUDGMENT The present complaint is filed under section 200 of code of criminal procedure against the accused seeking to punish him for the offence punishable under section 138 of the Negotiable Instruments Act ( in short referred as "N.I. Act"). 02. The averments of the complaint is briefly narrated as under : It is stated that, the Complainant is the partnership firm represented by its partner Mr.Amit Kumar Agarwal. The Complainant is the exclusive dealer for Jindal Poly Films Ltd. and carrying business of dealing in all kinds packing materials. It is contended that, the accused has approached the Complainant for the supply of BiAuxillary oriented poly proplylene Film, BOPET Film etc. and the Complainant has agreed to supply the same and accordingly he has supplied the said materials to the accused from Jindal Poly Films Ltd., and the same was 4 C.C. 15595 / 2018 also accepted by the accused. In all the accused has purchased various materials valued at Rs.50,48,768/ and also has utilized the same. To pay the value of the material supplied the accused has issued two account payee cheques for Rs.25,24,384/ cheque bearing No. 001635 dated 20.11.2017 and another cheque bearing No. 001636 dated 20.11.2017 both the cheques were drawn on Kotak Mahindra Bank, Atpar Branch, Gautam Budh Nagar, Noida . The Complainant has presented both the cheques with his banker for encashment on the same day, but they returned unpaid with remarks as "Funds insufficient". When this fact was intimated to the accused, he has requested the Complainant to redeposit both the cheques on 08.02.2018 for fresh clearance, accordingly on 08.02.2018 the Complainant has represented both the cheques once again with his banker for encashment , even at that time also they returned unpaid due to "Funds insufficient" as per bank return memo dated 09.02.2018. Therefore on 22.02.2018 the Complainant got issued demand notice to the accused which was duly served upon 5 C.C. 15595 / 2018 him on 02.03.2018. But the accused neither has paid cheque amount nor has given any reply. Hence, it is sought to convict the accused under section 138 of NI Act and award compensation under section 357 of Cr.P.C. 03. on presentation of the complaint, this court has verified the averments of the complaint and also annexed documents. Having made out prima facie case cognizance has been taken and thereafter the sworn statement of the Complainant has been recorded as PW1 and got marked documents at Ex.P1 to P11. Subsequently the documents at Ex.P12 to 40 has been got marked. Having made out prima facie case it is ordered to register the complaint in register No.III issue process against the accused. 04. In response to the court summons, the accused put his appearance before the court through his counsel and filed bail application under section 436 of Cr.P.C., along with application under section 145(2) of NI Act. The accused has been enlarged on bail The plea has been 6 C.C. 15595 / 2018 recorded and read over to t