PRADIP S DIXIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the Accused- Applicant. The conviction recorded by the th learned Metropolitan Magistrate, 7 Court, Dadar, Mumbai by order dated 10.5.2011 was questioned before the learned Sessions Court in Criminal Revision Application No.118 of 2011. By an order dated 19.9.2011 the learned Additional Sessions Judge dismissed the Revision. Hence the writ.

(2.) The case propounded by the Complainant- respondent No.2 was, he has carried out activities of supply of CC TV cameras and lodged installations at hotel of the Accused-Applicant. It was on going process of 4/5 bills since 2007, 2008. There was another contract in January, 2009. Contract of January,2009 was extended up to June, 2009. After the work as per schedule in discharge of liability the Accused-Applicant has issued a cheque dated 7.5.2009 drawn on Allahabad bank in the sum of Rs.3,50,000/- (Three lacs fifty thousand only). The said cheque on presentation was dishonoured. Consequently, statutory notice was issued. The Accused-Applicant denied that the cheque was in discharge of the entire liability, as according to the Accused-Applicant still the work was left to be completed and certain deficiencies were noticed by him. After statutory notice complaint was filed. Process was issued to the accused. The accused claimed that he has issued a blank signed cheque in favour of the Complainant for security and without completing the contract misused the said cheque.

(3.) Learned counsel for the Writ Petitioner (accused) has raised following points :