SUNIL KUMAR GUPTA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought a direction awarding appropriate sentence against respondent no. 2 and respondent no. 3 in view of the amended provision contained in section 138 of Negotiable Instruments Act, 1881.

(2.) Brief facts of the case are that a criminal complaint was filed in the year 1997, alleging that for payment of certain outstanding amount to the petitioner, the respondent no. 2 issued cheque no. 481335 dated 18.07.1997, cheque no. 503551 dated 10.12.1997 and cheque no. 503552 dated 25.12.1997, each amounting Rs. 5,000/-. When the cheques were presented by the complainant/petitioner, the same were dishonoured by the bankers due to `insufficient funds'. Thereafter, necessary notice was issued by the petitioner but the respondents No. 2 and 3 made no payment. On this, a criminal complaint case no. 419 of 1998, was filed by the complainant against respondent no. 2 Gagan Garg, who issued the cheque and respondent no. 3 Sheetal Prashad, on whose behalf a cheque was issued. Vide impugned order dated 16.06.2004, Special Judicial Magistrate-II, Dehradun, convicted the two accused under section 138 of Negotiable Instruments Act, 1881, and sentenced to each one of them to fine of Rs. 1,000/- with further direction to them to pay compensation of Rs. 15,000/- to the petitioner/complainant. Aggrieved by said order the criminal revision no. 97 of 2004, was filed by the petitioner/complainant, which was also dismissed vide impugned order dated 25.08.2004. Hence this petition.

(3.) Learned counsel for the petitioner/complainant drew attention of this Court to the amended provision contained in section 138 of Negotiable Instruments Act, 1881, and argued that the sentence passed by the trial court, and affirmed by the revisional court is erroneous in law. Reliance is placed in the case of Suganthi Suresh Kumar vs. Jagdeeshan AIR 2002 SC page 681.