RAJESH KUMAR JAIN Vs. J.C. TRADING

JUDGEMENT

(1.) Criminal Revision Petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner against judgment dtd. 16/12/2023 passed by learned Special Judge (NDPS), Central District, Tis Hazari Courts, Delhi in CA No.164/2022 upholding the conviction of the petitioner by learned Trial Court vide judgment dtd. 8/7/2022 and order on sentence dtd. 23/7/2022 in proceedings under Sec. 138 N.I. Act, 1881.

(2.) Vide judgment dtd. 8/7/2022, petitioner (accused) stands convicted in proceedings under Sec. 138 N.I. Act for dishonour of cheque of Rs.5,26,785.00 and vide order dtd. 23/7/2022, has been sentenced to simple imprisonment for four months and fine of Rs.8,50,000.00 (in default of payment of fine, to undergo simple imprisonment for two months). The entire amount has been further directed to be paid to respondent/complainant in proceedings under Sec. 138 N.I. Act.

(3.) In brief, complaint under Sec. 138 N.I. Act was preferred on behalf of the respondent/complainant alleging that 'paper and board' was supplied to the petitioner through bill dtd. 12/8/2014 for Rs.5,26,728.00. The goods were duly received by the petitioner and in discharge of the legal liability, petitioner issued a cheque dtd. 9/9/2014 for Rs.5,26,785.00, which was dishonoured on presentation with remarks 'insufficient funds' vide return memo dtd. 10/9/2014. A legal notice dtd. 7/10/2014 was accordingly forwarded to the petitioner but despite service, petitioner failed to make the payment. Proceedings under Sec. 138 N.I. Act were accordingly instituted.