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Showing contexts for: arsh in Sh. Gaurav Saxena vs M/S Arsh Electronics Pvt Ltd & Anr on 11 March, 2015Matching Fragments
1 Vide this Judgment I shall finally dispose off this complaint U/s 138 NI Act by complainant Sh. Gaurav Saxena against the accused M/s Arsh Electronics Pvt Ltd and its authorized signatory Ms. Shruti Rishi. The complainant's story in brief is that the accused company had business transactions with the complainant and the accused company had purchased goods from the complainant from time to time and as per the accounts of the complainant, the accused was liable to pay Rs.86,400/ to the complainant towards goods received by the accused from the complainant vide bill / cash memo dated 09.11.2012. In order to repay the outstanding amount, the accused issued a post dated cheque bearing no.700701 dated 25.11.2012 of Rs.86,400/ drawn on SBI, Anand Vihar branch in favor of the complainant and had assured the complainant that the same shall be honored on its presentation. The said cheque was presented by the complainant which was returned vide return memo dated 01.12.2012 with endorsement of "Payment stopped by drawer". Thereafter the complainant issued legal notice dated 18.12.2012. The complainant has also stated that despite service of the legal notice the accused did not make any payment in discharge of her liability.
21 In view of the above discussion, the complainant has been unable to prove the legal liability / debt of the accused towards the complainant and the present complaint is liable to be dismissed on this ground alone. Hence, the defense of the accused that the cheque was given in blank signed condition as security to the complainant and that the same has been misused appears to be probable and credible defense. It is well settled that even though the statutory presumption for offense U/s 138 NI Act is in favour of the complainant, still, the prosecution is burdened with standing on its own legs and has to necessarily prove its case beyond reasonable doubt. In the instant case blank signed cheque as security and dissatisfactory functioning of the product supplied by the complainant are enough to puncture holes in the complainant's story. Cumulatively, the above circumstances are sufficient to rebut the presumption arising in favour of the complainant U/s 139 NI Act. Accordingly, accused M/s Arsh Electronics Pvt Ltd and its authorized signatory Ms. Shruti Rishi D/o Sh. Yasuvir, R/o 224 Surya Niketan, Vikas Marg Extension, Delhi92 stands acquitted of the offence under section 138 NI Act.