# Shriram Transport Finance Co. Ltd. vs. The State of West Bengal & Anr.

> HC judgment dated 2025-05-20. Citation: TCN-2026-HC-00020. Shriram Transport Finance Co. Ltd. filed a complaint under Section 138 of the Negotiable…

- **Court:** HC
- **Order date:** 20 May 2025
- **Citation:** TCN-2026-HC-00020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/shriram-transport-finance-co-ltd-vs-the-state-of-west-bengal-anr-v7gi6

## Summary

### Background

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

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## Facts

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.

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## Issues and analysis

### Issue 1: Whether the non-examination of the first authorized representative of a company, who filed the …

**Ratio:** The non-examination of the initial authorized representative of a company, especially

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**Reasoning:** The High Court observed that the trial court's acquittal was based solely on the

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**Interpretation:** The court interprets the requirement of cross-examination in the context of a

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**Application:** The High Court applied this by stating that the trial court was not justified

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## Parties

- **Judges:** AJOY KUMAR…
- **Appellants:** Shriram Transport…
- **Respondents:** The State of West…; Jharna B…
- **Advocates:** Satadru L…; Safdar…; +2 more

## Timeline

- **2009-04-06 — Loan Agre…**: Complainant company filed the loan…
- **2013-01-16 — Cheque Is…**: Respondent No. 2 issued an account…

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