AMMA CONSTRUCTIONS AND DEVELOPERS Vs. SUNANDA STEELS

JUDGEMENT

(1.) The present Criminal Revision Petition has been filed by the petitioner accused being aggrieved by the judgment passed by the VII Additional Sessions Judge, Mysuru, in Crl.A.No.12/2015 dated 04.05.2015, whereunder the judgment of conviction and order of sentence passed by the I Additional Civil Judge and JMFC, Mysore, in C.C.No.1190/2011, dated 31.10.2013 was confirmed.

(2.) Neither the learned counsel for the petitioner accused nor the respondent's counsel is present. This matter is of the year 2015. As the Revision Petition cannot be dismissed for default, the same is taken up on merits and disposed of by this order.

(3.) The case of the complainant before the Court below is that the accused is a developer and also doing Engineering works as Proprietor of M/s. Amma Constructions and Developers. The accused was purchasing the steels from the complainant on credit basis since 2004 and used to make payment by way of cash or through cheques towards purchase of the steels in favour of the complainant. The accused was liable to pay a sum of Rs.7,53,295/- towards the purchase of the steel on various dates. The accused issued post dated cheque bearing No.443045 for a sum of Rs.71,400/- on 25.09.2010, drawn on the State Bank of India, Ramakrishnanagar Branch, towards the discharge of the liability. When the said cheque was presented through the banker of the complainant, the same was returned dishonoured for "not arranged for". The complainant got issued notice dated 18.04.2011 calling upon the accused for payment of the said cheque amount. The said notice was duly served on the accused. The accused neither replied to the said notice nor returned the amount. As such, the complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as 'the Act').