Mayank Pathak vs M/S Elcome Trading Company Pvt Ltd … on 13 June, 2016

2. The facts, in brief, are that two complaints bearing CC No.
140/2012 and 141/2012 under Section 138 of the Negotiable
Instruments Act, 1881 were filed by the respondent no.1-company.
The complainant company-M/s Elcome Trading Company Pvt. Ltd.
(respondent no.1-herein) is a private limited company duly registered

Crl.Rev.P. 643/2015 Page 1 of 7
under the Companies Act, 1956 which was engaged in the business of
computer hardware/software, computer peripheral and other computer
related articles. The petitioner was having business dealings with the
complainant company. The petitioner had purchased various items
from the complainant. To discharge his liability, the petitioner had
issued six post dated cheques of different dates. When the said
cheques were presented by the complainant/respondent no.1 for
encashment, the same were returned unpaid with the remarks “funds
insufficient”. The complainant issued legal notice dated 05.11.2012,
but despite its service, the petitioner did not make any payment.

Source: Indian Kanoon

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