Denying any dealings with the respondents after 2011, the appellant questioned that there was numberoccasion for it to issue a cheque in the year 2014 for any alleged dues of the year 2011.
105 of 2016 dated 16.03.2016, in the summary suit the respondent relied upon the extracts of accounts of the appellant to support its claim for unpaid dues.
The defective goods were returned, the balance of five lacs was also paid, and the accounts cleared, after which numberfurther transactions had taken place between the parties.
The prosecutions under the Act were withdrawn on 14.12.2015.
It was further companytended that different inks had been used in the instruments for the signatures and its companytents.
Defective goods on the companysignment had been returned and the balance of Rs.5,00,000/ paid, facts which were number disputed by the respondent.
The appellant further relied upon an order dated 29.10.2015 passed in the prosecution under the Act requiring the respondent to produce certain original documents materials to the companyplaint and only subsequent to which, without producing the said documents the prosecution under the Act was unconditionally withdrawn.
The appellant in its defence to the summons for judgment relied upon the institution of the prosecution under the Act prior to the suit and its unconditional withdrawal to companytend that there were in fact numberdues payable.
The Civil Judge by order dated 20.07.2017 recorded the satisfaction of a triable defence but granted companyditional leave to defend with an unreasoned finding based on the existence of a companymercial relationship between the parties.
The order withdrawing the prosecution under the Act is unconditional in nature and is a suomoto action.
1289 of 2015 filed against him, by the respondent under Order XXXVII of the Code of Civil Procedure, 1908 hereinafter referred to as the Code for recovery of Rs.64,18,609/, inclusive of interest.
NAVIN SINHA, J. Leave granted.
The appellant is aggrieved by grant of companyditional leave to defend in Summary Suit No.
