9911796707
TMI Blog2003 (3) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of milk supplied by the latter to the former, that the cheque bearing No. 441183, dated 29-4-2002, for Rs. 6 lakhs issued by the accused-company to the complainant-company was dishonoured for want of sufficient funds, that the complainant again presented the cheque in the bank and it was dishonoured yet again on 21-8-2002 for the same reason, that the complainant issued a notice demanding the accused to pay the amount of the cheque within 15 days, and that in spite of receiving the notice, the accused did not pay the same, and hence the complainant lodged a complaint under section 138 of the Negotiable Instruments Act which was registered as C.C. No. 290/2002 on the file of the learned I Additional Judicial I Class Magistrate, Cuddapah. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was ultimately returned unpaid with an endorsement insufficient funds . 5. A cheque can be presented any number of times within a period of six months from the date of its issue or within the period of its validity whichever is earlier. When the cheque was returned for want of funds, the cause of action starts from the date of issuance of a notice demanding payment of the amount covered by the cheque. After receipt of notice by the accused, he has to pay the amount within 15 days. If the amount is not paid, then the complainant has got a right to file a complaint to prosecute the accused under section 138 of the Negotiable Instruments Act. 6. The first contention raised by the learned counsel for the petitioner is that the name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as there were no sufficient funds in the account of Ravileela Dairy Products Ltd. It is also alleged that the accused is the Director of Ravileela Dairy Products Ltd., and Managing Director of Ravileela Granites Pvt. Ltd., and Futura Granites Pvt. Ltd. Though the cheque in question was issued by the accused as the authorized signatory of M/s. Futura Granites Pvt. Ltd., it was issued to Jay Milk Products Pvt. Ltd., of which the complainant is the Managing Director, in the discharge of legally enforceable debt, because sufficient funds were not available in the account of Ravileela Dairy Products Ltd., with which the complainant had business transac- tions in milk. So, in those circumstances, this Court is of the considered view that there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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