Appellant has filed this appeal u/s 374(3) of Code of
Criminal Procedure assailing the judgment of conviction
and order of sentence passed in C.C.No.33169/2021
dated 19/05/2023 on the file of XXVIII ACMM,
Bengaluru.
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Crl.Appeal No.763/2023
2. Rank of the parties is referred to as per their
ranks assigned before the trial court.
3. The facts of the case leading to this appeal
may be summarized as under;
The respondent company herein is the
complainant before the trial court, it has filed a private
complaint through its authorized sales manager Sri.
M. Chandrakanth Yaligar under Section 200 of Cr.P.C,
alleging the offence committed by the accused
punishable under Section 138 of Negotiable Instrument
Act (herein after referred as N.I. Act). According to the
complainant, it is a private limited company running the
business of transporting the materials from different
places to the different parties all over in India having its
registered office at Kolkata and the branch office in
Bangalore to look after its business affairs in Bangalore
jurisdiction, accused No. 2 is the proprietor of accused
Crl.Appeal No.763/2023
No.1 i.e. M/s Shree Shiva Enterprises, a proprietorship
concern running the business of transport i.e.
transporting the materials from different places, to the
different parties and accused No.1 and 2 have
transported the materials from its destination, for which
the complainant had collected the freight charges for the
said transaction, accused are due to the complainant’s
company for a sum of Rs.4,67,670/-, for transportation
of the materials from the accused destination by
complainant’s company, accused have not paid the due
amount, on several requests accused have issued 14
cheques i.e., cheque bearing No.052556 dated: