RAJESH CHARI Vs. ZUARI STRUCTURAL WORKS

JUDGEMENT

(1.) THE applicant herein is an accused who has been convicted in criminal Case No. 14/n/2000/d under section 138 of the Negotiable Instruments Act, 1881 (Act, for short) and sentenced to undergp 15 days Simple Imprisonment and to pay compensation of Rs. 45,000/- and which conviction and sentence has been upheld by learned Assistant Sessions Judge, Margao, in Criminal appeal No. 30 of 2001 by his judgment/order dated 14th February, 2003.

(2.) THE applicant/accused in the present Revision Application has prayed for setting aside of the said Judgments/orders of both the Courts below.

(3.) THE case of the complainant in the said complaint filed before the learned judicial Magistrate, First Class, Vasco-Da-Gama, was that the Complainant was a partner of the firm known as M/s. Zuari Structural Works, Engineers and Contractors and that the accused on or about 1st December, 1999, had issued to the said Complainant a cheque for Rs. 45,000/- drawn on Bank of goa, Vasco-Da-Gama, towards the payment of the execution of works of fabrication, rolling etc. supplied to the accused but when the said complainant deposited the said cheque in Centurion Bank, Vasco-da-Gama, it was returned with endorsement "funds insufficient" on or about 6th December, 1999 and, therefore, the complainant by Advocate's notice dated 22nd December, 1999, called upon the accused to make payment of the said amount which notice, was returned with postal endorsement "unclaimed" and, therefore, the Complainant filed the complaint under section 138 of the said Act on or about 28th January, 2000.