BANGALORE ENTERPRISES Vs. ASIAN FAB TEC LIMITED

JUDGEMENT

(1.) THE petitioner has challenged his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the N.I. Act" for short], confirmed in the appeal by the Fast Track Court.

(2.) THE facts reveal that the respondent is a company carrying on the business of manufacturing of LPG cylinders, transformers, etc. and on 16.04.2010 and 27.04.2010 placed purchase orders to the petitioner for supply of line materials for a total sum of Rs. 9,11,032 -00 and a sum of Rs. 1,19,595 -00 was paid through a cheque dated 21.04.2010 and the remaining amount of Rs. 7,91,487 -00 was sent to the petitioner's account through RTGS. Thereby the amount payable towards the price was paid. After receiving the said sum, it is alleged that the petitioner sent the goods for which there was no order placed and it was returned to the petitioner on the aforesaid ground. After receiving the material back, the respondent insisted for return of the entire amount received and in this context two cheques dated 13.08.2010 and 27.08.2010 respectively for a sum of Rs. 5,00,000 -00 and Rs. 4,11,032 -00 were issued by the petitioner. The said cheques were presented to the banker for encashment. They returned with endorsement of "insufficient funds" and therefore, a notice was issued by the respondent. The demand made in the notice was not complied by the petitioner and therefore, the respondent approached the trial Court with a complaint against the petitioner for the offence punishable under Section 138 of the N.I. Act.

(3.) THE point that arises for my consideration is;