RAMESH KUMAR GUPTA Vs. SATYAM FINLEASE PVT. LTD.

JUDGEMENT

(1.) The present revision petition under Sec. 401 r/w Sec. 482 Cr.P.C. has been filed by the petitioner/revisionist, namely, Sh. Ramesh Kumar Gupta for quashing the judgment of conviction passed by Ms. Rekha Rani, District and Sessions Judge, West Tis Hazari Courts, New Delhi in Criminal Appeal No. 96/2015 and 98/2015 dated 06.01.2016 maintaining the conviction of the revisionist in the judgment dated 13.10.2014 in Complaint Case no. 4933/2014 (Old no: - 297/2013) and 4935/2014 (Old no: - 294/2013) passed by Sh. Gaurav Gupta, MM, New Delhi thereby convicting the revisionist under Sec. 138 N.I. Act, on the basis of the settlement deed arrived at between the petitioner and respondent, namely, M/s. Satyam Finlease Pvt. Ltd. through its director, having its office at 107 -A, Shilok House -1, Karampura Commercial Complex, New Delhi -110015, on 27.01.2016.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that Mr. Sunil Batra has been identified to be the director of the respondent -company by his counsel.

(3.) The factual matrix of the present case is that the present complaint was filed by the respondent -company through its director - Mr. Sunil Batra alleging that the accused had availed a loan of Rs. 10 lacs from the complainant. It has been averred that in order to discharge his liability, the accused issued a post dated cheque bearing No. 760171 dated 18.03.2013 for Rs. 10 lacs drawn on State Bank of Bikaner & Jaipur, in favour of the complainant. On presentation, trhe said cheque was returned unpaid with remarks 'funds insufficient'. Thereafter, legal notice of demand was sent to the accused. However, despite service of the notice, the accused failed to make the payment against the cheque within fifteen days and consequently the present complaint case was filed.