2018 (9) TMI 1001

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ruppur and hence, the revision by the accused. 3. The case of the complainant is that he has filed the above said private complaint stating that the accused had business transactions with them that an amount of Rs. 4,60,388/- remain unpaid being the cost of the yarn for 2895.520 Kgs, that on 10.05.2010 the accused admitted his liability for the amount and executed an acknowledgment of liability, that the accused had issued a cheque dated 14.08.2010 that when the said cheque was presented for payment, it was dishonored for the reason "stop payment" that even after notice of demand, the accused has not paid the amount and that thereby, the accused has committed the offence punishable under Section 138 of the Negotiable Instruments Act. 4. A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at the complaint filed by the private complainant, though an unregistered partnership is maintainable in law and there is a specific averment in the complaint satisfying the requirement of law and the cross examination of P.W.1 establishes his case and prayed for dismissal. 7. Heard both sides and perused the records. 8. The point for determination in the Criminal Revision is that whether the order of conviction and sentence passed by the Trial Court is sustainable in law? 9. The respondent herein has come forward with a specific case that in view of the business transaction between the parties, an amount of Rs. 4,60,388/- was remain unpaid representing the cost of 2895.520 Kgs. of yarn and the accused has admitted his liability and issu....