TMI Blog2023 (8) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... transaction between the parties is also admitted - It is on record by way of evidence before the trial Court that the complainant Avijit Sarkar carries on his business in the name of Sunny Traders - petitioner/accused has not adduced any evidence to prove that the complainant is not the sole proprietor of his business. The complainant has clearly proved that he is the sole proprietor of his business Sunny Traders . Thus, the findings of the Appellate Court in the proceeding under Section 138 of the Negotiable Instrument Act, 1981 being in accordance with law, requires no interference by this court and is affirmed - revision application dismissed. - The Hon ble Justice Shampa Dutt ( Paul ) For the Petitioner : Mr. Bhaskar Seth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case has been registered being No. C-537/15. 3. The specific case of the petitioner herein is that the petitioner is an authorized supplier of Essr. Project at Kota, Panagarh. The opposite party no. 1, who is a supplier of stone chips in various categories agreed to supply stone chips (i) on deposit of a Blank Cheque, (ii) after delivery of stone chips payment would be effected. The said transaction continued till 2012. After 2012, there was no business with the said Sunny Traders . That upto 2012 the amount due was paid to Sunny Traders . 4. That the proceeding under Section 138, being Complaint Case No. 537/2015 has been disposed of with the following order :- That the case be and the same succeeds .The accused person is fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposited in the S/B a/c (savings bank account) of Sunny Traders for encashment. The complainant in his deposition also stated that the account is a savings account . 10. It is also stated that from the Indian Income Tax Return Acknowledgment for the Assessment Year 2014-15, it appears that the form of the business of Sunny Traders is a Firm having PAN-ABEFS2474B and such return was digitally signed by Avijit Sarkar having PAN-AKAPS6945A in the capacity of Partner . A Firm , having PAN, cannot have any savings account in its name. Ref: Para 6 (m) (i) of the Master Circular being RBI/2015-16/39 DBR No. Dir. BC.7/13.03.00/2015-16. 11. It has also been represented to the petitioner by the complainant that he is the Sunn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... months. 16. Being aggrieved and dissatisfied with the judgment and order dated 19.02.2019 passed by the Learned Judicial Magistrate, 3rd Court, Suri, Birbhum in Complaint Case No. 537/2015, the petitioner/accused person has filed an appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. ) before the Court of Learned Sessions Judge, Suri, Birbhum and the same was registered as Criminal Appeal No. 28 of 2019 which was dismissed and the trial Court s order was affirmed. 17. The same judgment in Milind Shripad Chandurkar vs. Kalim M. Khan Anr. (Supra) has also been relied upon by the opposite party no. 1. 18. On considering the materials on record including the judgment of the Trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s registered as Complaint Case No. 537/15. 19. There is no denial of issuing the cheque by the accused in discharge of his debt and liability and also it being dishonoured, and so also the valid notice. The only contention of the petitioner is regarding the status of Sunny Traders which is not clear. 20. The transaction between the parties is on the basis of a verbal agreement. 21. The business transaction between the parties is also admitted. 22. It is on record by way of evidence before the trial Court that the complainant Avijit Sarkar carries on his business in the name of Sunny Traders . 23. The petitioner/accused has not adduced any evidence to prove that the complainant is not the sole proprietor of his business. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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