The case revolves around the issuance of cheques by Ambitious Marketing to Kores (India) Ltd. for goods received but not honored due to "payment stopped by the drawer."
Legal proceedings, including the issuance of notices, filing of complaints, and the subsequent trial court's judgment acquitting Ambitious Marketing. The trial court emphasized discrepancies and lacunae in the evidence presented by the complainant (Kores) and noted contradictory statements from witnesses.
Furthermore, the document discusses the nature of evidence presented by both parties, including documents such as Memorandum of Understandings (MoUs), letters, invoices, and cheques. It also highlights the differing testimonies of witnesses from Kores (India) Ltd. (PW No. 1 and PW No. 2) regarding the transactions and the agreements between the involved parties.
Adjudication on appeal, focusing on whether the evidence presented is sufficient to establish liability, the significance of the MoUs, the rebuttal of presumption under the Negotiable Instruments Act, and the nature of discrepancies between witness testimonies.
Comprehensive overview of the legal proceedings, evidence presented, and key issues in the case involving the dishonor of cheques and contractual obligations between the parties involved.
Legal analysis or judgment, likely from a court proceeding, regarding a case involving dishonored cheques under Section 138 of the Negotiable Instruments Act (NI Act). The judgment discusses various aspects of the case, including the evidence presented, the nature of business relationships between the parties involved, and the trial court's handling of the matter. It covers issues such as the non-production of certain agreements, the delivery of goods, issuance of cheques, dishonor of cheques, and the adequacy of notices served.
Offence of dishonoring cheques under Section 138 of the Negotiable Instruments Act (NI Act). The judgment discusses various legal principles, procedural aspects, and evidence presented in the case. Ultimately, the accused, Ashish Kumar Ahooja, is convicted of the offence and sentenced to pay fines. The judgment also outlines the specific amounts of fines for each case and the consequences of failure to pay. Additionally, it addresses the issue of staying the order and concludes that no stay is necessary.
The legal issues and evidence presented in the case, ultimately leading to a judgment regarding the liability of the accused under Section 138 of the NI Act.
I. Introduction and Background (Paragraphs 77-82)
II. Examination of Evidence and Trial Proceedings (Paragraphs 83-86)
III. Legal Analysis and Decision (Paragraphs 87-91)
IV. Conclusion and Post-Judgment Considerations (Paragraph 92)
Case Title: Kores (India) Ltd. V/S Ashish Kumar Ahooja And Ors.
Citation: 2024 Lawtext (BOM) (5) 106
Case Number: CRIMINAL APPEAL NO. 840, 842, 843, 844, 845 OF 2010 ALONG WITH CRIMINAL APPEAL NO. 841 OF 2010
Advocate(s): Mr. Darshit Jain i/b. Mr. Mohankumar K. a/w Mr.Gireesh U.G.Menon Advocates for Appellant. Ms.Shagufa Patel a/w Ms.Padma Chinta i/b. Mr.Harshad Bhadbhade Advocates for Respondent No.1. Mr.S.R.Agarkar APP for Respondent No.2 – State.
Date of Decision: 2024-05-10