NEEL JEWELERS GORAKHPUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Baljeet Singh Advocate, learned counsel for the revisionists as well as learned AGA for the State and perused the record.

(2.) By means of the instant Criminal Revision under Sec. 397/401 of the Code of Criminal Procedure, 1973, the revisionists have challenged the validity of the order dtd. 18/10/2021 passed by the Presiding Officer, Additional Court No. 2, Lucknow in Complaint Case No. 6823 of 2019 (M/s Seven Seas Net Mart Sales Pvt. Ltd. vs. M/s Neel Jewellers and another) under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') rejecting the application filed by the revisionists for being exonerated of the liabilities/obligations mentioned in the complaint.

(3.) The facts of the case, briefly stated, are that on 19/8/2019 the opposite party no. 2'complainant filed a complaint under Sec. 138 of the Act inter alia stating that the revisionist no. 1 is a proprietorship firm in the proprietorship of the revisionist no. 2, who is a regular customer of the complainant company. During the course of business, the revisionist no. 1 took supply of some items from the complainant and to pay the price of the goods it issued some cheques. A cheque bearing no. 044778 dtd. 6/6/2019 drawn on Allahabad Bank, City Office Branch, Gorakhpur for Rs.3,00,000.00 only, which was signed by the revisionist no. 2 was dishonored with the endorsement "payment stopped by the drawer". It is stated in the complaint that the action of the revisionists is punishable under Sec. 138 read with Sec. 141 of the Act and the revisionist no. 2, the proprietor of the revisionist no. 1 was responsible for conducting the business of the proprietorship firm at the relevant time when the aforesaid offence was committed.