It is case of the complainant that, he supplied material to the accused and for the repayment of dues accused issued cheques of Rs. 16,36,400/-. The said cheques returned dishonoured. Complainant issued demand notice and later on filed complaint u/s. 138 of NI Act.
Complainant contended that, total amount payable is Rs. 32,36,200/-. Accused paid Rs. 16,00,000/- hence there is liability of Rs. 16,36,200/-.
It is pertinent to note that, averments in complaint as well as witness does not indicate the total outstanding of Rs. 32,36,200/-. There is not reference of settlement and payment of Rs. 16,00,000/-. The averments in the complaint and evidence also does not indicate that the cheques for Rs. 16,36,200/- were issued for balance amount but mentioned that it is issued for price of goods purchase of Rs. 16,36,200/-.
As per cross examination actual liability according to the complainant was Rs. 12,80,000/- which is less than amount mentioned in the cheque. Despite which complainant presented the cheque for payment of Rs. 16,36,200/-. Upon dishonoured of said cheque complainant issued demand notice without indicating actual liability of Rs. 12,80,000/-. Thus court concluded that, the demand notice is not valid and legal as per law. The accused is not legally liable to pay the said amount.
R. J. Plastic vs. Amplas Polymers, Cr.A.no.124/2019, Mumbai