- (1.) BRIEF facts of the case are that the accused-respondent No. 1 entered into a commercial transaction and made purchases from the petitioner M/s. Milk Vita Dairy Product, C-7, New Grain Depot, Chandpol Bazar. The particulars of the purchases between the period from 10.04.2000 to 14.04.2000 are as under : Bill No. Date Amount (In Rs.) 246 10.04.2000 42,325.00 251 10.04.2000 25,215.00 372 13.04.2000 37,394.50 382 l4.04.2000 50,992.50
(2.) FROM 18.04.2000 to 24.04.2000, the accused-respondent No. 1 Issued cheques of different amounts towards the aforesaid bills i.e. Cheque No. 449969 dated 18.04.2000 for Rs. 67,540.00, Cheque No.449956 dated 23.04.2000 for Rs. 50,992.50 and Cheque No. 449961 dated 24.04.2000 for Rs. 37,394.50 and the aforesaid cheques were of Punjab National Bank, Branch in Johari Ba- zar, Jaipur and were Issued In the name of firm Milk Vita Dairy Products with assurance that the payment will be made as and when the same will be pre sented before the bank. On 15.05.2000, the complaint submitted the aforesaid cheques In Bank of Rajasthan Limited, Ban! Park Branch, Jaipur for payment and the same were forwarded to the Punjab National Bank, Johari Bazar Branch, Jaipur for clearance. On 16.05.2000 the Punjab National Bank returned the cheques with an endorsement that the accused has already closed his account. On 27.05.2000, the complainant sent a registered legal notice to the accused-respondent as well as legal notice through U.P.C. on 29.05.2000 and the same were served upon the accused respondent on 01.06.2000. As the petitioner did not tender any amount payable towards the cheque amount within the time limit, on 08.07.2000 the complainant executed a Power of Attorney authorising the Manager of the firm Shri Ram Chand Hundlya to initiate and conduct legal proceedings.
(3.) ON 10.07.2000 a complaint under Section 138 of the Negotiable Instruments Act, 1881 was moved before the Additional Chief Judicial Magistrate (Sr. Division) No. 3, Jaipur City, Jaipur. The Power of Attorney was examined by the Court and Power of Attorney, bills, cheques, letters of banker as well as notices were produced and exhibited as Ex.PI to Ex.P15.;