ROSHINI ELECTRICALS REP. BY ITS PROPRIETOR SRI DEEPAK KUMAR S/O BRISHAN Vs. MATHAJI ELECTRICALS REP. BY ITS PROPRIETOR SRI JUGARAM CHOUDHARY

JUDGEMENT

(1.) HEARD Petitioner's counsel in respect of the challenge of judgments of the courts below. The Petitioner was convicted for the offence punishable under Section 138 of the N.I Act by the trial court and was sentenced to pay a fine of Rs. 72,000/ -, in default, to undergo simple imprisonment for three months. Out of the said amount, the complainant was held to be entitled to compensation of Rs. 71,000/ -.

(2.) APPEAL preferred by the Petitioner herein was also dismissed by the lower appellate court by concurring with the view taken by the trial court.

(3.) HAVING heard the aforesaid contention put forward and on going through the judgments of the courts below it is noticed that, the Petitioner herein has admitted that, he had issued the cheque in question to the Respondent and the fact of cheque having been dishonoured for insufficient funds is also established by the complainant before the trial court. Under the said circumstances, the trial court was justified in holding that the complainant has proved his case in view of the cheques which were dishonoured having been proved through the endorsements issued Ex.P3 and P4. Even notice issued by the complainant Ex.P5 was not properly answered by the Petitioner herein and no payment was also made.