Carrara Marbles And Granite … vs Simplex Enterprises on 30 November, 2015

1. The present appeal under Section 378 Cr PC is directed against the
judgment and order dated 24.03.2012 passed by Sh. Nipun Awasthi, M.M.-
01 (NI Act) South, Saket Courts, New Delhi in CC. No. 1333/1, whereby
the appellants/complainants complaint under Section 138 of the Negotiable
Instruments Act, 1881 (NI Act) was dismissed, and the accused/respondent
was acquitted.
2. The case of the complainant Carrara Marbles and Granite Industries,
is that it is a proprietary concern of Sh. Ashok Mittal, son of Sh. Gurdas Rai
Mittal, and deals in the business of Italian Marbles. The complainant
supplied Italian Marbles to the accused and maintained a running account of
the accused. The goods were supplied on the assurance of the accused that
the price of the marbles would be remitted by them to the complainant by
way of cheques. The complainant claimed that the outstanding liability of
the accused was to the tune of Rs.1,78,00,000/-, and to discharge the said
liability the accused issued the following three cheques in favour of the
complainant, drawn on Punjab National Bank, PNB House, Fort, Bombay
towards the price of Marbles. The details of the three cheques are as

Source: Indian Kanoon

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