Delhi District Court M/S Jindal Packaging vs M/S Rohini Packaging on 2 May, 2024 IN THE COURT OF SH. SNEHIL SHARMA, METROPOLITAN MAGISTRATE, NI ACT DIGITAL COURT, NORTH EAST DISTRICT, KARKARDOMA COURT, DELHI JUDGMENT JINDAL PACKAGING VS ROHINI PACKAGING CC NO: 455/2021 P. S. Gokul Puri a CNR No. of the case : DLNE020028182021 b Date of institution of the case : 27.07.2021 c Cheque number and dated : 337058 dt. 11.02.2021 d Cheque amount : Rs.4,99,724/ e Name of the complainant : M/S Jindal Packaging through proprietor Sh. Prem Chand Aggarwal KH.No.12/11 12 18/2 19 20 21/1 2226, Arjun Gali, New Mandoli Industrial Area, Delhi110093 f Name of the accused and his : M/S Rohini Packaging through its proprietor parentage Ramesh Chand Sharma 1/4673, gali no.4, Balvur Nagar, Shahdara, Delhi110032 g Offence complained of : 138 NI Act h Plea of accused : Not guilty i Orders reserved on : 19.02.2024 j Final order : Accused Ramesh Chand Sharma is convicted for offences punishable under sections 138 NI Act. k Date of judgment : 02.05.2024 1. Vide this judgment the present complaint case for an offence punishable U/S.138 of the Negotiable Instruments Act, 1881 (hereinafter "the NI Act") is being decided. CC NO. 455/2021 Jindal packaging vs Rohini Packaging Page 1 of 19 Digitally signed SNEHIL by SNEHIL SHARMA SHARMA Date: 2024.05.02 16:22:16 +0530 2. It is case of the complainant that the complainant is a propriertorship firm carrying on its business at KH NO. 12/11 12 18/2, 19 20 21/1 2226, Arjun Gali, New Mandoli Industrial area, Delhi93. The complainant firm is involved in the business of manufacturing and sale of all types of packaging products. Sh. Prem Chand Aggarwal is proprietor of complainant firm. M/S Rohini packaging is a proprietorship firm and Sh. Ramesh Chand Sharma is the propietor and signatory of the cheque. The accused company is engaged in the business/manufacturing of cartons, boxes, cases, bags and other packing containers of paperboard, cellulose wadding or webs of cellulose fibres, box files, letter trays and similar articles etc. The accused approached the complainant company on several occasions for the supply of aforementioned goods and the complainant supplied the same as per orders and specifications made by the accused. As per the statement of account maintained by the complainant, an outstanding amount of Rs.4,99,724/ is due against the accused for the goods supplied by the complanant. Number of reminders were sent to the accused persons from the complainant for the payment of pending amount but every time accused gave some excuses on one pretext or other. 3. Accused had issued a cheque bearing no. 337058 dt. 11.02.2021 amounting Rs.4,99,724/, drawn on Oriental Bank of Commerce, Punjab National Bank (w.e.f. 01.04.2020), GT Road, Shahdara, Delhi in favour of the complainant in discharge of legal liability and assured that same would be honored on its presentation. 4. On the assurance of the accused, the complainant presented the abovesaid cheque twice for encashment with his HDFC Bank, B26, East Jyoti Nagar, Main Loni Road, Shahdara, Delhi93 but the said cheque CC NO. 455/2021 Jindal packaging vs Rohini Packaging Page 2 of 19 Digitally signed by SNEHIL SNEHIL SHARMA SHARMA Date: 2024.05.02 16:22:23 +0530 was dishonoured and returned unpaid with remarks "Funds insufficient " vide return memo dated 12.02.2021, 24.02.2021 & 16.03.2021