The complainant has filed the complaint under Section 200
of Criminal Procedure Code against the accused for the offence
punishable under Section 138 Negotiable Instruments Act.
2. The brief case of the complainant is as under:
That the complainant is a company incorporated under
the Companies Act,1913 carrying on the business of
manufacturing of steel wires and allied products. The accused
no. 1 is the company represented by the accused no. 2 as
Managing Director, had been purchasing steel wires and made
several transactions. It is stated that the accused under several
invoices i.e. invoice bearing No.GST/2021-22/1256 dated
01.12.2021, invoice bearing No.GST/2021-22/1163 dated
15.11.2021, invoice bearing No.GST/2021-22/1161 dated
15.11.2021, invoice bearing No.GST/2021-22/1117 dated
05.11.2021, invoice bearing No.GST/2021-22/1116 dated
05.11.2021, invoice bearing No.GST/2021-22/1085 dated
29.10.2021, invoice bearing No.GST/2021-22/1047 dated
C.C.No.20471/2023
22.10.2021 for a total sum of Rs.13,17,164/-. It is stated that
the accused also liable to pay interest on delayed payment for a
sum of Rs.3,54,000/-. Thus the accused was in debt to the tune
of Rs.16,71,164/-. It is pleaded that the complainant made
several request to make payment and also got issued legal
notice on 25-05-2022. It is stated that accused has disputed to
pay a sum of Rs.3,54,000/-. Therefore the complainant has
waived the interest of Rs.3,54,000/- though they are legally
entitled for interest on delayed payments and requested the
accused to make payment of Rs.13,17,164/-. But the accused
have not chosen to respond to any of the mails or letters. It is
pleaded that the accused no. 2 has signed the cheque bearing
No.827919 drawn on Indian Overseas Bank, Bannergatta road
branch Bangalore and issued against purchase of materials vide
letter dated 01-12-2021. It is pleaded that as the accused
defaulted to pay the due amount, the complainant has
presented the cheque bearing No.827919 dated 28.12.2022
drawn on Indian Overseas Bank, Bangalore for a sum of
Rs.13,17,164/- through Axis Bank Limited, Electronic City,
Bangalore for collection and said cheque returned dishonored
on 2.01.2023 for the reason “Exceeds Arrangement” and
“Exceeds the limits for outstation”. Therefore the complainant
got issued legal notice dated 25.01.2023 calling upon the
accused to pay the amount covered in the cheque. The notice
C.C.No.20471/2023
duly served on the accused on 31.01.2023. Inspite of service of
notice, the accused failed to pay the claim amount to the
complainant within the statutory time and not issued any reply
to the noitce. Therefore, the accused has committed the offence
under Section 138 of Negotiable Instruments Act. Therefore the
complainant has filed the complaint.
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