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TMI Blog2021 (11) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... otiable Instruments Act (for short, "the Act"). The complainant is a company represented by its Branch Head of Area Sales Office. The first accused is a partnership firm. Accused Nos. 2 to 4 are its partners. The complainant company was engaged in the manufacturing and sale of mattresses under the brand name 'Kurlon'. The accused also were engaged in the business of selling mattresses. Admittedly there was business transaction between the complainant and the accused. According to the complainant, Exts. P5 and P6 cheques were issued by the accused towards the discharge of the liability by them in the business transaction. Those cheques when presented before the Bank were returned as dishonoured for the reason 'funds insufficient& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 1,68,268/-. Thus, the total cheque amount would come to Rs. 3,38,268/-. The court below found that nowhere in the complaint or in the proof affidavit, the complainant explained the difference between the cheque amount and the total invoice amount. In other words, the court below was of the view that the complainant did not explain how much amount was paid to the accused towards the price of the goods covered by Exts. P2 to P4. PW1 when cross-examined admitted that there are documents to show that the amount was due as per Exts. P5 and P6. The non production of those documents were taken as one of the main grounds by the court below to disbelieve the case set up by the complainant. The defence has also elicited from the cross-examination ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany has been produced authorising PW1 to represent the company. The said fact was also taken into consideration by the court below while holding that the defence case set up by the accused was more probable. 8. Before this court, the complainant has produced certain documents as per two applications; Crl. M.A. No. 192/2015 and Crl. M.A. No. 3158/2015. The documents produced as per Crl. M.A. No. 192/2015 are statement of accounts showing the transaction between the complainant and the accused. The learned counsel for the complainant/appellant submitted that the said document would clearly prove the transaction between the accused and the complainant covered by Exts. P2 to P4 and it would establish the case of the complainant that as on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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