D. K. CHANDEL Vs. M/S WOCKHARDT LTD.
LAWS(SC)-2020-1-107
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on January 20,2020

D. K. Chandel Appellant
VERSUS
M/S Wockhardt Ltd. Respondents


Cited Judgements :-

SHRIRAM TRANSPORT FINANCE COMPANY LTD VS. V.KHADER BASHA [LAWS(KAR)-2020-12-136] [REFERRED TO]
M/S.SREE GOKULAM CHIT & FINANCE CO. LTD. VS. PADMAKUMAR S. [LAWS(KER)-2021-4-20] [REFERRED TO]


JUDGEMENT

R.BANUMATHI, J. - (1.)Leave granted.
(2.)This appeal arises out of judgment and order dated 20.12.2017 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-S-1717-SBA of 2005 in and by which the High Court has set aside the Order of the First Appellate Court and restored the judgment of the Trial Court and thereby convicting the appellant under Section 138 of the Negotiable Instruments Act and sentencing him to undergo imprisonment for six months and also imposing fine of Rs.4,17,148/-.
(3.)The case of the respondent-complainant is that the appellant-accused purchased the pesticides on credit from the respondent-company and made part payments. Both the appellant and the respondent were maintaining the running accounts. In lieu of payment due and payable to the respondent, the appellant has issued a cheque on 30.04.1999 of Rs.4,17,148/- drawn on State Bank of India at Bathinda (Punjab). Signature Not Verified When the Digitally signed by MAHABIR SINGH said cheque was presented for collection the same was returned Date: 2020.01.24 18:40:07 IST Reason:
with the endorsement "insufficient funds ". The intimation of dishonoured of cheque was received by the respondent on 26.05.1999. Since no payment was made and the amount was not forthcoming, the respondent filed a complaint against the appellant under Section 138 of the N.I. Act.

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