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 Bi-Auxillary
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
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.