WEB INTERNATIONAL CARGO LTD. Vs. MAGNUM LOGISTICS LTD.

JUDGEMENT

(1.) The petitioner is an accused in the Court of learned XXV Addl. Chief Metropolitan Magistrate, Mayohall Unit, Bangalore (hereinafter referred to as 'the Trial Court) in C.C. No.27698/2007 who was tried for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act ').

(2.) The summary of the case of the complainant in the Trial Court is that the complainant - Company is engaged in providing logistic services to importers and exporters and also holds stocks of the airway bills for the purpose of exports. In its business transaction, the complainant - company provided airway bill for moving the consignment of accused - company to Mexico and raised an invoice No.0755/2006-07 dated 02.11.2006 for a sum of Rs. 3,98,615/-. The accused issued an account payee cheque bearing No.395599 dated 04.12.2006 for the said sum. The complainant presented the same for encashment through its banker and the said cheque bounced with an endorsement 'funds insufficient'. The complainant got issued a legal notice on 18.01.2007 both by 'Registered Post Acknowledgement Due' and under 'Certificate of Posting', informing accused about the dishonour of the cheque and demanding the cheque amount from him. In spite of receipt of notices, the accused did not pay the demanded cheque amount. Hence, the complainant was constrained to file a complaint under S.200 of Criminal Procedure Code against the accused in the Trial Court for the offence punishable under S.138 of the N.I. Act.

(3.) Aggrieved by the Judgment of the Trial Court, the accused preferred an appeal in the Court of Addl. Sessions Judge, and P.O. FTC - III, Mayohall Unit, Bangalore (for brevity, hereinafter referred to as "the Session Judge's Court") in Crl.A. No.25080/2009. The said Court, by its Judgment dated 11.01.2011 while confirming the Judgment of conviction passed by the Trial Court, dismissed the appeal. Aggrieved by the same, the accused has preferred this revision petition.