AJIT BALSE Vs. RANGA KARKERE

JUDGEMENT

(1.) Crl. Appeal No. 400 of 2015 (Arising out of SLP (Crl.) No. 6422 of 2012)

(2.) By the impugned judgment, the High Court affirmed the conviction and sentenced imposed on the accused-appellant for offence Under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act' for short).

(3.) The Appellant is the accused whereas the Respondent is the complainant before the trial court. The accused-Ajith Balse is said to be the Managing Director of Tim Tim Far East Export Trading Company Private Limited, Patalganga, Raigad District, Maharashtra, whereas the complainant is the Managing Partner of a concern by name Yermal Fish Trading (YFT), carrying on the business of supplying fishes. An agreement was reached on 19.09.2001 between the company Tim Tim Far East Export Trading Company Private Limited and Yermal Fish Trading, wherein the complainant has supplied beheaded and gutter 'Rani fish' to the accused company. The accused was paying the amount through telegraphic transfer and under the terms of the agreement, the complainant was to send the statement of accounts by fax for every 15 days. At the end of fishing season, i.e., on 04.06.2002, the complainant sent the final statement, under which the accused was liable to pay Rs. 73,24,710-00 to the complainant. The accused had called the complainant to his company on 02.08.2002 to settle the debt and at that time, the accused issued three cheques of the State Bank of India (1) bearing No. 511693 dated 14.08.2002 for Rs. 20 lakhs, (2) bearing No. 511694 dated 05.09.2002 for Rs. 15 lakhs and (3) bearing No. 511695 dated 17.09.2002 for Rs. 20 lakhs. The accused on behalf of the company had undertaken to settle the balance amount of Rs. 18,24,710/- during the next fishing season.