MAHESHWARI ASSOCIATES Vs. GUPTA COAL INDIA LTD.

JUDGEMENT

(1.) The non-applicant/original complainant filed a complaint bearing Summary Criminal Complaint No. 10235/2006 for offence under Section 138 of the Negotiable Instruments Act, 1881 before learned Judicial Magistrate First Class at Nagpur. Learned 22nd Judicial Magistrate First Class at Nagpur vide judgment and order dated 20.10.2010 convicted the accused for offence under Section 138 of the Negotiable Instruments Act and directed to suffer simple imprisonment for 1 month and to pay a fine of Rs. 10.00 lacs and in default of payment of the fine amount to suffer further simple imprisonment for 7 days. It was directed to pay Rs. 9,70,000/- to the non-applicant/ complainant as compensation. Being aggrieved by the same, the accused preferred an appeal bearing Criminal Appeal No. 315/2010. Learned 2nd Additional Sessions Judge at Nagpur vide judgment and order dated 18.4.2016 dismissed the said appeal.

(2.) Heard learned counsel Shri B. P. Bhatt for the applicant (hereinafter referred to as, "the accused" for the sake of brevity) and learned counsel Mrs. R. S. Dewani for non-applicant No. 1/original complainant.

(3.) Learned counsel Shri B. P. Bhatt for the applicant/accused submitted that the accused issued a cheque for royalty. He submitted that the Trial Court wrongly convicted the accused. Instead, he submitted that amount of fine of Rs. 10.00 lacs is already deposited. He submitted that in view of provisions of Section 138 of the Negotiable Instruments Act, the present revision be allowed and operative part of judgment and order passed by learned Magistrate be modified.