SURENDRAPAL SINGH SHAWLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS revision is directed against; the judgment and order dated 23rd July, 2007 passed by the learned Sessions Judge, gandhinagar, in Criminal Appeal No. 20 of 2007 confirming the judgment and order of conviction and sentence dated 9th March, 2007 recorded by the learned 6th Addl. Senior Civil Judge and J. M. F. C. , gandhinagar, in Criminal Case No. 6625 of 2000 sentencing the applicant accused to suffer one year SI and to pay fine of rs. 10,000/-, in default, to suffer further SI for 45 days for the offence under Sec. 138 of Negotiable Instruments Act.

(2.) THE short facts are that the complainant, a proprietary firm, doing business in the name and style of Harjas coatings and Pol had supplied goods to the accused. The complainant received only a part of the amount and for the remaining amount, he received ICICI bank cheque of kanpur Branch, Kanpur (UP) dated 25-3-2005 drawn in his name for Rs. 10,00,000/-from the accused. On presentation of the said cheque with ICICI Bank, Gandhinagar branch, on 9-9-2005, it was returned with an endorsement "funds insufficient". Hence, a statutory notice was issued to the accused on 10-9-2005 which was duly served upon him. Since he did not pay the due amount, a complaint was filed by the complainant before the learned Chief Judicial magistrate, Gandhingar, for the offence punishable under Sec. 138 of the Negotiable instruments Act, 1881. The said complaint was registered as Criminal Case No. 6625 of 2000. The learned Magistrate on recording the verification of the complainant proceeded with the trial. On completion of evidence of complainant, further statement of the accused under sec. 313 of the Code of Criminal Procedure was recorded. Thereafter, the learned 6th addl. Senior Civil Judge and J. M. F. C. , gandhinagar, vide order dated 9th March, 2007 convicted the applicant-accused as aforesaid.

(3.) HEARD Mr. Bharat Jani, learned advocate for the applicant-accused, learned app. Mr. Kartik V. Pandya for the respondent No. 1 and learned Advocate, Mr. C. B. Dastoor for the respondent No. 2-original complainant.