Shriram Transport Finance Co. Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act against Mrs. Jharna Biswas after a cheque issued by her for Rs. 1,72,276/- towards a motor vehicle refinance loan was dishonoured due to insufficient funds. A demand notice was sent but returned 'not claimed'. The complaint was initially filed by Sandip Chatterjee, the company's branch manager, who also filed affidavits-in-chief. Later, Jayanta Halder was substituted as the complainant's representative. Sandip Chatterjee subsequently left the company and was unavailable for cross-examination. The Trial Court acquitted the accused, primarily on the technical ground that Sandip Chatterjee, who filed the foundational affidavits, was not cross-examined, and Jayanta
…An appeal was preferred against a judgment and order of acquittal dated 27th August 2021 in complaint case no. C-6947 of 2013.
The original complaint was initiated under Section 138 of the Negotiable Instruments Act.
Respondent No. 2 (accused) approached the complainant company for refinancing a motor vehicle.
The complainant company refinanced the vehicle, and the accused issued an account payee cheque dated 16th January 2013 for Rs. 1,72,276/- in discharge of outstanding debts.
The cheque was deposited by the complainant but was dishonoured on 18th January 2013 due to "insufficient fund".
A demand notice was sent by the complainant's advocate on 4th February 2013, which returned with the postal endorsement "not claimed" on 14th February 2013.
…Sign in to view the parties.
Complainant company…
Respondent No. 2 issued…
Sign in to view related legal provisions.
Shriram Transport Finance Co. Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act against Mrs. Jharna Biswas after a cheque issued by her for Rs. 1,72,276/- towards a motor vehicle refinance loan was dishonoured due to insufficient funds. A demand notice was sent but returned 'not claimed'. The complaint was initially filed by Sandip Chatterjee, the company's branch manager, who also filed affidavits-in-chief. Later, Jayanta Halder was substituted as the complainant's representative. Sandip Chatterjee subsequently left the company and was unavailable for cross-examination. The Trial Court acquitted the accused, primarily on the technical ground that Sandip Chatterjee, who filed the foundational affidavits, was not cross-examined, and Jayanta
…An appeal was preferred against a judgment and order of acquittal dated 27th August 2021 in complaint case no. C-6947 of 2013.
The original complaint was initiated under Section 138 of the Negotiable Instruments Act.
Respondent No. 2 (accused) approached the complainant company for refinancing a motor vehicle.
The complainant company refinanced the vehicle, and the accused issued an account payee cheque dated 16th January 2013 for Rs. 1,72,276/- in discharge of outstanding debts.
The cheque was deposited by the complainant but was dishonoured on 18th January 2013 due to "insufficient fund".
A demand notice was sent by the complainant's advocate on 4th February 2013, which returned with the postal endorsement "not claimed" on 14th February 2013.
…Complainant company…
Respondent No. 2 issued…
Sign in to view related legal provisions.