PARASMANI CHOUBEY Vs. DALJEET SINGH JUNEJA

JUDGEMENT

(1.) Facts of the case in brief are that the complainant was the proprietor of Apollo Agency which was situated in Alaknanda Complex, Ambikapur. The applicant and her husband were involved in the business of transpiration. Tyres and tubes were purchased by the applicant from the shop of the complainant since 1999 and the payment was being made to him by cash or cheque. It is alleged that earlier Rs. 26,000/- was outstanding in the name of applicant and on 30.12.1999 the applicant purchased a tyre for Rs. 18,000/- on credit from the shop of complainant. It is further alleged that for payment of outstanding amount the applicant had issued a cheque of Rs. 19,000/- of Central Bank Ambikapur which on presentation in the bank got dishonoured and returned to him with an endorsement of insufficient funds. Thereafter on 19.05.2000 a legal notice Ex.P-7 was sent to the applicant through his advocate even though the applicant did not respond to it. Ultimately the complainant filed the aforesaid complaint case against the applicant. After recording statement of the witnesses the learned Chief Judicial Magistrate, Ambikapur found the involvement of the accused/applicant in the crime in question and thus held him guilty under Section 138 of the Negotiable Instrument Act. However, in appeal the conviction was maintained but the sentence was reduced to till rising of the Court and imposed fine of Rs. 25,000/-. Hence, this revision.

(2.) Learned counsel for the applicants submits that the judgment of conviction and order of sentence passed by both the Courts below is arbitrary, illegal and contrary to the law. He submits that Courts below completely overlooked that the material on record and erroneously convicted and sentenced the accused/applicant as mentioned above.

(3.) On the other hand, learned counsel for the respondent contended that there is no illegality in conclusion arrived at by the trial court and the petition deserves to be dismissed.