Bangalore District Court Ms Maxtronic Impex Pvt Ltd. Rep By Suresh ... vs Ms Gee Pee Infotech Pvt Ltd on 22 November, 2024 1 CC No.9245/2016 KABC030229722016 IN THE COURT OF XXVII ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU Present: Sri. Maruthi.K B.A., LL.B., XXVII A.C.J.M Bengaluru. Dated: This the 22nd day of November, 2024 C.C. NO.9245/2016 Complainant : M/s Maxtronic Impex Pvt.Ltd., 1094, unit 36 & 37, Mezzanine Floor, SPA Plaza, OTC Road, Bangalore56002. Represented by its Director, Mr.Suresh Kumar Jain (Rep by Sri. V.S., Adv.) V/s. Accused : 1. M/s GEE PEE INFOTECH PVT.LTD., 34/1Q, Ballygunge Circular Road, Kolkata700019 2. Bijay Kumar Agarwal, Director, M/s GEE PEE INFOTECH PVT. LTD., 34/1Q, Ballygunge Circular Road, Kolkata700019. 3. Kalpana Agarwal, (Quashed) Director, M/s GEE PEE INFOTECH PVT. LTD., 34/1Q, Ballygunge circular Road, Kolkata700019. 2 CC No.9245/2016 4.Anu Singh, (Withdrawn) Secretary, M/s GEE PEE INFOTECH PVT.LTD., 34/1Q, Ballygunge Circular Road, Kolkata700019. (Reptd by Sri.B.R.,Adv.,) (Case against accused No.4 was withdrawn by the counsel for the complainant and case against accused No.3 was quashed by the Supreme Court of India in Crl.Pet.No.330/2023) Offence : U/s.138 of Negotiable Instruments Act. Plea of the accused : Pleaded not guilty Final Order : Acquitted Judgment Date : 22.11.2024 ***** JUDGMENT The complainant company has filed complaint U/Sec.200 of Code of Criminal Procedure against the Accused for the offence punishable U/Sec.138 of Negotiable Instrument Act. 2. The facts of the case in brief are as follows: It is the case of the complainant that, complainant company is the duly appointed Consignment Agent as accused No.1 company M/s Gee Pee Infotech Private Limited to manage and operate the sale of Mobile 3 CC No.9245/2016 Handsets and Allied telecommunications Equipments in the brand name GEE PEE in the state of Karnataka. Further accused No.2 to 4 have been in charge and responsible to the accused company for the conduct of the business of accused company and actively involved in the day to day affairs of the accused company. In that capacity they have been jointly and severally dealing with the complainant company for and on behalf of the accused company. It is submitted that the accused company is due for a sum of Rs.18,64,576/ to the complainant company during the business transactions. The accused No.2 to 4 on behalf of the accused company have issued a cheque bearing No.131745 dated 31.03.2013 for a sum of Rs.10,00,000/ drawn on ICICI Bank, Ballygunge Branch in favour of the complainant company towards partial discharge of the above said dues which is legally enforceable debt/dues. Further complainant presented the said cheque through its banker The Federal Bank Limited, Dr.Rajkumar Road Branch for realization on 31.05.2013 but the said cheque was returned for the reason "Funds Insufficient" on 4 CC No.9245/2016 01.06.2013. Hence complainant got issued legal notice dated: 22.06.2013 to the accused calling upon accused to repay the amount covered under the aforesaid cheque within 15 days from the date of receipt of notice. The notice was served to all the accused on 27.06.2013 and got issued an untenable reply notice dated 15.07.2013 making baseless allegations with an ulterior motive. However, the accused have not pai