MAYANK PATHAK Vs. ELCOME TRADING COMPANY PVT LTD

JUDGEMENT

(1.) The present revision petition under Section 397(3) read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") has been filed by the petitioner against the common judgment of conviction dated 10.12.2014 and common order on sentence dated 09.01.2015 passed by the learned Metropolitan Magistrate which has been confirmed by the learned Additional Sessions Judge vide common order dated 03.09.2015.

(2.) The facts, in brief, are that two complaints bearing CC No. 140/2012 and 141/2012 under Section 138 of the Negotiable Instruments Act, 1881 were filed by the respondent no.1 -company. The complainant company -M/s Elcome Trading Company Pvt. Ltd. (respondent no.1 -herein) is a private limited company duly registered under the Companies Act, 1956 which was engaged in the business of computer hardware/software, computer peripheral and other computer related articles. The petitioner was having business dealings with the complainant company. The petitioner had purchased various items from the complainant. To discharge his liability, the petitioner had issued six post dated cheques of different dates. When the said cheques were presented by the complainant/respondent no.1 for encashment, the same were returned unpaid with the remarks "funds insufficient". The complainant issued legal notice dated 05.11.2012, but despite its service, the petitioner did not make any payment.

(3.) Notice under Section 251 Cr.P.C. was framed against the petitioner to which he pleaded not guilty and claimed trial. The petitioner was allowed to cross -examine the complainant. The learned MM vide common judgment dated 10.12.2014 convicted the petitioner for offence under Section 138 of the N.I. Act. Vide common order on sentence dated 09.01.2015, the petitioner was sentenced to undergo simple imprisonment for one month and to pay fine of Rs.1,00,000/ -. Out of the fine amount, a sum of Rs.90,000/ - was ordered to be paid to the complainant as compensation and in default of same, the petitioner was to further undergo simple imprisonment for 15 days.