J RAMARAJ Vs. ILLIYAZ KHAN

JUDGEMENT

(1.) THESE three revisions have been filed by the petitioner being aggrieved by the orders passed by the Prl. Sessions judge, Kolar in Cri. A. Nos. 99/03,98/031 and 100/03 wherein the learned Sessions Judge dismissed the appeals while confirming the order of the learned Magistrate in convicting and sentencing the accused/petitioner far the offence punishable under S. 138 of the Negotiable Instruments Act.

(2.) AS it transpires from the records, complaint was filed under S. 200 of Cr. P. C. for the offence punishable under S. 138 of the negotiable Instruments Act against the petitioner herein stating that the complainant/respondent is a commission agent dealing in supply of potatoes on commission basis wherein the accused/petitioner used to place orders for supply of potatoes, as per the request and requirement, the complainant used to supply potatoes to the accused/petitioner as and when required. Further, during the month of July and August 2001 the accused/ petitioner purchased potatoes worth Rs. 10 lakhs, Rs. 5 lakhs and Rs. 10 lakhs respectively on different dates and in lieu of discharge of the debt he issued three cheques bearing Nos. 145810, 145809 and 145811 dated 28-7-2001, 16-7-2001 and 6-8-2001 respectively drawn on Tamil Nadu Mercantile bank Ltd. , Tuticorin. According to the complainant/respondent, while issuing cheques the petitioner had assured that he has got sufficient funds in his account. Later, petitioner requested him to present she cheques after 15-9-2001 as there was shortage of funds in his account, as such, the complainant presented those cheques subsequent to 15-9-2001 and the said cheques were returned on 29-9-2001 for want of sufficient funds and thereby the three cheques were dishonoured. Thereafter, on 12-10-2001, the complainant got issued a legal notice to the petitioner. The notice was sent through registered post as well as through certificate of posting by demanding the payment of amount. Further stating that petitioner neither paid the amount nor replied to the legal notice, the complainant filed three separate complaints in respect of three cheques before the JMFC, Kolar. Subsequently, the accused-petitioner put his appearance and contested the case. The learned Magistrate while dealing with the three cases independently after having held the trial convicted the accused for the offence under S. 138 of the negotiable Instruments Act and sentenced to undergo S. I. for a period of one year and to pay a fine of Rs. 3,000/ -. in default to pay the fine, to undergo S. I. for another three months. Accused was also directed to pay compensation of Rs. 10 lakhs each in respect of two cheques and Rs. 5 lakhs in respect of one cheque. As against the said orders, appeals were preferred before the Prl. Sessions Judge, kolar, who in turn, after hearing the parties, while confirming the order of the learned magistrate, dismissed the appeals. Hence, these revisions by the petitioner.

(3.) HEARD the counsel for the petitioner and the counsel representing the respondent in all the cases. Since the parties are common, all the three matters are taken together for disposal.