Delhi District Court : vs : on 25 August, 2022 IN THE COURT OF MS PREETI, METROPOLITAN MAGISTRATE (N.I ACT)01, NORTHWEST, ROHINI COURTS, DELHI. DLNW020008952021 CASE NO: 691/2021 U/s 138 Negotiable Instruments Act CASE TITLED: Vikram Roller Floor Mills Ltd Through its AR Sh. Raj Kumar Tiwari R/o B71/2, Lawrence Road Institution Area, New Delhi110035 ...................Complainant. :VERSUS: M/S Amit Kumar Goel & Sons(HUF) Through its Propreietor Sh. Amit Kumar Goel O/o A239, Shashtri Nagar,New Delhi52. .....................Accused. Plea of the Guilt: Not Guilty Arguments heard on: 06.08.2022 Date of Judgment: 25.08.2022 Decision: Conviction Digitally signed PREETI by PREETI Date: 2022.08.25 CC No:691/2021 1 of 14 16:13:14 +05'30' JUDGMENT 1. Vide this judgment, I shall decide the present matter, CC No. 691/2021, filed by complainant M/S Vikram Roller Flour Mills Limited through his AR Sh. Raj Kumar Tiwari, against the dishonour of cheque bearing no. 162014 dated 09.10.2020 for a sum of Rs. 1,82,930/ drawn on State Bank of India, Sabji Mandi, New Delhi (henceforth, the cheque in question). 2. The brief facts of the complaint are that complainant is a company registered under the Companies Act, 1956 and is also registered with MSME project of Government of India. Complainant is stated to be manufacturer of flour products such as Maida, Suji, Atta etc. It is further stated that proprietor had been dealing with complainant company since long time and had been purchasing flour goods. It is further stated that accused approached to the complainant company on different dates for supply of goods i.e. maida of 50kg (nonbranded) and placed order. As per orders of accused, complainant company supplied the aforesaid goods through different invoices on different dates, through transport as per the request of accused. 3. It is further stated that accused never raised any dispute with regard to the quantity and quality of material supplied to the accused firm by complainant. It is further stated that the accused Firm had running accounts with the complainant company and as on 09.10.2020, the sum of Rs. 1,83,180/ was outstanding against accused Firm which is legally enforceable liability. Digitally signed PREETI by PREETI Date: 2022.08.25 16:13:27 +05'30' CC No:691/2021 2 of 14 4. In order to discharge his liability, the accused had given a cheque in question which was dishonoured with the reason "Funds Insufficient". 5. Legal demand notice dated 03.11.2020 was sent to the accused which was duly served upon accused on 04.11.2020. 6. The AR of complainant examined himself as CW1 and CW2 Sh. B. L. Pareek, Manager accounts of complainant were examined in post summoning evidence, and relied upon their evidence by way of affidavit along with the following documents: S.No. Documents relied upon Exhibited as: 1. Evidence by way of Affidavit Ex. CW1/A of AR of complainant 2. Evidence by way of Affidavit Ex. CW2/A of Manager accounts of complainant 3. Copy of MSME Certificate Ex. CW1/1 4. Board Resolution Ex. CW1/2 5. Copy of invoices Ex. CW1/3 (colly 2 pages) 6. Statement of account Ex. CW1/4 (colly 4 pages) 7. Cheque in question Ex.CW1/5 8. Cheque Return Memo Ex. CW1/6 9. Legal notice Ex. CW1/7 10. Postal Receipt Ex. CW1/8 CC No:691/2021 3 of 14 Digitally signed PREETI by PREETI Date: 2022.08.25 16:13:40 +05'30' 11. Track Report Ex. C