The complainant has filed this complaint under
Section 200 of the Code of Criminal Procedure against the
accused, alleging that the accused has committed an
offense punishable under Section 138 of the Negotiable
Instruments Act.
02. The brief facts of the Complainant’s case are as
under;
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CC No. 13086/ 2019
The Complainant is the proprietor of M/s. Samyukta
Polymers and engaged in commercial activities of sale of
plastic Granules. The accused No.1 is the proprietory
concern represented by accused No.2 and he is responsible
for the conduct of the business and affairs of the accused
No.1. Accused No.1 represented by accused No. 2 is the
customer of the Complainant since last several years. The
Complainant had sold said products on credit basis on
several occasions subject to the terms and conditions that,
in case of delay in payment of the product beyond 7 days
from the date of respective invoices, the accused persons
are liable to pay interest @24% p.a. till the date of
realization. Further submitted that the Complainant
dispatched the said products to the accused as per their
request and accepting the terms of sale stipulated by the
Complainant , the accused had taken delivery of the said
products and acknowledged the same and had utilized the
said products in their commercial activities for gains.
Subsequent to the purchase of said product the accused
CC No. 13086/ 2019
made only part payment and has failed to pay the balance
principal amount of Rs.34,00,467/- as on 30.11.2018.
Upon demands made by the Complainant for the said
debt, the accused to discharge the aforesaid debt had
issued following cheques.
