UDAY P DESAI Vs. VISHWAS R NAIK

JUDGEMENT

(1.) HEARD learned Counsel on behalf of both the parties.

(2.) THIS revision is filed by the accused, who shall be referred to as such hereinafter, against the Order dated 30.11.2005 of the learned Sessions Judge, upholding the Order dated 28.02.2003 of the learned J.M.F.C., Ponda, by which the accused was convicted for bouncing of a cheque dated 31.12.2001 for Rs.73,655/- and sentenced to SI for three months and to pay compensation of Rs.74,314/- and in default to pay the same, to undergo SI for a period of one month.

(3.) AS far as the facts go, there is no dispute that the Complainant had booked with the accused a Tipper Truck by depositing an amount of Rs.25,000/- on 02.12.1994. The accused had undertaken to pay interest thereon at the rate of 19% per annum till the truck was delivered. The truck was not delivered as promised. On 14.06.00, the accused gave a writing to the Complainant stating that he would try to settle the account of the Complainant in six to seven months. On 30.09.2001, the accused gave a signed statement and along with it, a cheque dated 30.09.2001 for a sum of Rs.72,455/-. In the said statement, the accused showed the said sum of Rs.72,455/- as payable. As per the request of the accused, the said cheque dated 30.09.2001 was not presented by the Complainant for encashment. On 31/12/2001 the accused gave another writing accompanied by a cheque in the sum of Rs.73,653/- dated 31.12.2001. The said writing showed that a sum oif Rs.73,653/- was payable. This cheque was also not deposited by the Complainant for encashment, at the request of the accused. Thereafter, the subject cheque dated 01.03.2002, in the sum of Rs.74,413/-, came to be issued by the accused to the Complainant and which came to be dishonoured. Upon notice issued by the Complainant to the accused, the accused replied stating that his signed cheque was misplaced.