GOLDEN AGRO FOOD INDUSTRIES Vs. VISHWASRAO BABURAO DESAI

JUDGEMENT

(1.) The Applicant was convicted by the 3 rd Jt. J.M.F.C., Kolhapur vide his Judgment and order dtd. 06/11/2019 in S.C.C.No.797 of 2016 for commission of offence punishable U/s.138 of the Negotiable Instrument Act . He was sentenced to suffer S.I. till rising of the Court and was ordered to pay compensation of Rs.80,56,000.00 which was the cheque amount along with additional amount of Rs.5,00,000.00 by way of interest and cost of the litigation and in default of such payment he was sentenced to suffer S.I. for six months.

(2.) The Applicant challenged that order in Criminal Appeal No.141 of 2019 before the Court of Sessions at Kolhapur which was dismissed vide order dtd. 01/04/2023.

(3.) The prosecution case is that, at the request of the Applicants, the Respondent No.1 herein i.e. the original complainant had invested sum of Rs.80,56,000.00 in the partnership firm with the Applicants. Both of them agreed to share the profit. The partnership continued only for three months and 19 days between 02/10/2012 to 21/01/2013. Thereafter, an agreement was executed on 30/03/2013 whereby the Complainant/Respondent No.1 herein separated from the partnership firm and the accused was to return the capital amount of Rs.80,56,000.00 to the complainant. The two cheques of the said amount were dishonoured resulting in the prosecution and conviction of the applicants.