V.J. JOSEPH Vs. INDIA CEMENTS LIMITED

JUDGEMENT

(1.) Revision Petitioner is the 2nd accused in S.T.No.5589/2011 of Judicial First Class Magistrate Court III, Ernakulam and the appellant in Crl.A. No.183/2017 of Sessions Court, Ernakulam. He calls into question the judgment of conviction and order of sentence against him for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I Act).

(2.) The parties shall be referred to as the complainant and the accused as arraigned before the trial court.

(3.) The complainant is a company registered under the Indian Companies Act and it is engaged in manufacturing and distribution of cement. 1st accused is a Private Limited Company. 2nd accused is the Managing Director of the 1st accused company and he is in charge and responsible for the day-to-day affairs of the 1st accused company. Accused had a business relationship with the complainant company and the accused had purchased cement from the complainant company on a credit basis in the course of their regular transaction. Towards partial discharge of the amount due to the complainant company, accused issued Exts.P2 to P4 cheques of Rs.2 lakhs each in favour of the complainant company. Upon presentation of Exts.P2 to P4 cheques for collection, the same were returned dishonoured due to insufficient funds in the account of the accused. Upon receipt of Exts.P5, P5(a) and P5(b) dishonour memos from the bank, complainant caused to sent Ext.P6 lawyer notice to both accused, intimating the factum of dishonour of cheques and demanding the amount covered by Exts.P2 to P4 cheques. Accused accepted the notice and sent Ext.P9 reply notice. Though in the reply notice accused agreed to pay the amount, accused failed to pay the amount covered by Exts.P2 to P4 cheques and thereby committed the offence punishable under Sec. 138 of N.I.Act.