SURESH THOMAS Vs. MOD ENTERPRISES

JUDGEMENT

(1.) The present revision petition has been filed under Sec. 397/399/401 Crimial P.C. for quashing the order dated 25.07.2016 whereby the Appellate Court has dismissed the appeal and judgment dated 18.11.2015 and order dated 26.11.2015 whereby the petitioner was convicted of the offence under Sec. 138 Negotiable Instruments Act, 1881 and sentenced to RI for 4 months and to pay fine of Rs. 2.70 lakhs in default to undergo SI for a period of one month.

(2.) The brief facts of the case, leading to the filing of present petition are that the respondent had filed a complaint u/s 138 of Negotiable Instruments Act against M/s Crescendo Music Co. Pvt. Ltd., revisionist/Sh. Suresh Thomas, who was the Managing Director of this company, Sh. V. Krishnan was the General Manager and Sh. Sarabjot Singh was the Regional Manager of the Company.

(3.) It was alleged that the petitioner had been doing business with the respondent and had placed orders from time to time. An order for manufacturing 26042 CDs (Compact Discs) was placed by the revisionist vide letter dated 15.07.2004. After the delivery of CDs, as per the terms of that letter, three post dated cheques dated 30.08.2004, 20.09.2004 and 30.10.2004 were issued by the revisionist to the respondent. On presentation, the cheque in question, Ex.CW1/2, was dishonoured for insufficiency of funds, vide cheque returning memos Ex.CW1/3 and Ex.CW1/4.