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The Complainant 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:-
The complainant is a company incorporated under
the Companies Act, 1956 engaged in the business of
manufacture, trade and sale of animal feeds. The accused
had purchased the products of the complainant company
for business needs over a period of time and consumed the
same for necessary purposes. It is submitted that the
complainant has supplied the said products against the
invoices raised by them. After taking into consideration the
payments made by the accused from time to time towards
the supplies, a sum of Rs.25,30,977/- was due and payable
by the accused as on 31.03.2023 as per the ledger account
maintained by the complainant and duly
confirmed/acknowledged by the accused. Further in the
complaint the accused submitted that a sum of
Rs.50,000/- on 02.05.2023 and another sum of
Rs.50,000/- on 14.07.2023 leaving a balance of
Rs.24,30,977/- for the year ending 31st March 2024, which
outstanding was also duly reflected in the confirmation of
accounts statement dated 03.04.2024 for the year ending
31st March 2024 and duly confirmed by the accused by
affixing his signatures on the said statement towards
confirmation of balance. Further in the complaint stated
that after several requests and reminders for payment, the
accused in response to the complainant’s request wrote a
letter dated 02.03.2024 to the complainant and sought time
for payment till the end of March 2024 by confirming the
outstanding due as Rs.24,30,977/-. The complainant made
another request to the accused on 24.04.2024, in response
to the request accused has issued a cheque dated
13.05.2024 bearing No.018302 dated 13.05.2024 drawn on
Union Bank of India, Hosur-Bye pass Road Branch,
Krishnagiri for a sum of Rs.24,00,000/- towards part
payment of total liability of Rs.24,30,977/-.
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