Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: 1
IN THE COURT OF MS. ARADHANA
JUDICIAL MAGISTRATE FIRST CLASS, N.I. ACT – 01
TIS HAZARI COURTS: NEW DELHI
In the matter of: CC No.: 7 3 3 3 / 2 0 2 3
M/S Ane Books Pvt. Ltd.
Through its Director/AR
Sh. Sunil Saxena
Office at4821, Parwana Bhawan
1st Floor, Ansari Road,
Daryaganj, New Delhi 110002.
……Complainant
versus
1. Sh. Dhan Behari Tiwari
Director of M/S Colophon Learning Systems Pvt.
Ltd.
R/o Flat no. 23, Pocket 6,
Phase 3, Mayur Vihar,
Delhi110096
4. M/S Colophon Learning Systems Pvt. Ltd.
Through its directors,
Office at B 3/16, Middle Hall,
Ground Floor, Ansari Road,
Daryaganj, New Delhi110002
..….Accused
M/S Ane Books Pvt. Ltd. Vs. Dhan Bihari Tiwari & Ors.
CC No. 7333/2023
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JUDGMENT
Date of Institution of Complaint : 16.09.2023
Offence Complained of Act : u/s 138 of NI Act
Plea of Accused : Pleaded guilty
Decision qua Accused No.1 & 4 : Convicted
Date of Decision : 30.01.2025
CASE OF THE COMPLAINANT
1. Case of the complainant is that the complainant is doing
the business of publishing and distribution of books. It is
submitted that the accused company approached the
complainant for purchasing books on credit basis. It is
further submitted that the accused company purchased
books against invoices and to discharge its liability issued
cheque bearing no. 000725, dated 10.05.2023, cheque
bearing no. 000726 dated 15.05.2023 & cheque bearing
no. 000728 dated 20.05.2023, in the sum of Rs.
4,00,000/, Rs. 2,00,000/ & Rs. 2,85,358/, respectively,
all drawn on ICICI Bank, Daryaganj Branch, Delhi
110002. Copy of invoices are also annexed with the
complaint. On presentation the said cheque got
dishonoured for the reasons “Payment stopped by drawer
and Funds Insufficient” vide return memos dated
31.05.2023. Thereafter, complainant issued a legal
demand notice dated 09.06.2023 to the accused company
M/S Ane Books Pvt. Ltd. Vs. Dhan Bihari Tiwari & Ors.
CC No. 7333/2023
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and its directors calling them upon to make payment
within 15 days of receipt of notice. However, accused
company failed to make the payment. Therefore,
complainant filed the present complaint u/s 138 NI Act.
DEFENCE OF THE ACCUSED
2. Accused no.1 & 4 were summoned vide summoning
order dated 16.09.2023. On summons, accused no. 1 & 4
entered appearance and it was duly ensured that copy of
complaint along with relevant documents have been
supplied to the accused. Thereafter, notice under Section
251 Cr.P.C was framed against the accused no. 1
and 4 on 18.11.2024 to which they pleaded guilty and
stated the following:
“I plead guilty and do not claim trial”.
BRIEF REASONS FOR THE JUDGMENT
3. I have heard the parties and perused the record.
4. Before adverting to the facts of the instant complaint, it is
pertinent to reproduce Section 118(a) and 139 of the NI
Act. Section 118 (a) reads as:
“Until the contrary is proved, the following presumptions shall be
made:—……that every negotiable instrument was made or drawn for
consideration, and that every such instrument, when it has been
accepted, indorsed, negotiated or transferred, was accepted, indorsed,
negotiated or transferred for consideration.”
5. Further, Section 139 reads as under:
M/S Ane Books Pvt. Ltd. Vs. Dhan Bihari Tiwari & Ors.
CC No. 7333/2023
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“It shall be presumed, unless the contrary is proved, that the holder of a
cheque received the cheque of the nature referred to in Section 138 for the
discharge, in whole or in part, or any debt or other liability.”
6. As per Section 118 (a) of the NI Act, there is a
presumption in favour of complainant that the
instrument i.e. cheque in dispute was issued for
consideration and further under Section 139 of the Act it
is presumed that the holder of the cheque received the
cheque for discharge of a legally enforceable debt or
other liability.
7. Section 252, Cr.P.C. is also pertinent to be examined at
this stage. Section 252 states:
“If the accused pleads guilty, the Magistrate shall record the plea as
nearly as possible in the words used by the accused and may, in his
discretion convict him thereon”.
8. Perusal of the record shows that complainant has also
annexed with the complaint copy of invoices, original
cheque, return memo and legal notice u/s 138 NI Act.
Complainant has also filed the postal dispatch receipts
and their tracking reports. Perusal of the tracking report
shows that legal demand notice has been duly served
upon accused no. 1 & 4. The Court finds that accused no.
M/S Ane Books Pvt. Ltd. Vs. Dhan Bihari Tiwari & Ors.
CC No. 7333/2023
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1 & 4 have pleaded guilty voluntarily without any undue
influence, coercion or pressure.
9. In view of the plea of guilt of the accused no. 1 & 4,
settled law and evidence of complainant, the accused no.
1 Sh. Dhan Behari Tiwari, Director of M/S Colophon
Learning Systems Pvt. Ltd. and accused no. 4 M/S
Colophon Learning Systems Pvt. Ltd. are held guilty
and are hereby convicted for the offence under Section
138 of NI Act.
Pronounced in Open Court on 30.01.2025.
(ARADHANA)
JMFC NI Act – 01
Central, Tis Hazari Court, Delhi
Dated: January 30, 2025
M/S Ane Books Pvt. Ltd. Vs. Dhan Bihari Tiwari & Ors.
CC No. 7333/2023
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