RAMRAJSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been filed by the applicant against the judgment dated 28-8-2002 passed by the learned Addl. Sessions Judge, Indore in Cr. Appeal No. 265/2002 thereby dismissing the applicant's appeal and maintaining the conviction and sentence of S. I. for one month and awarding compensation of eight lacs rupees to the non-applicant No. 2. In default of payment of the amount of compensation to suffer further S. I. for three months under Section 138 of the Negotiable Instruments Act, passed by the learned Judicial Magistrate First Class, Indore in Cr. Case No. 579/96 on 10-7-2002.

(2.) TERSELY the case of the non-applicant/complainant before the Court below was that the complainant was dealing in the business of transportation. The applicant was the General Manager of J. K. Utility Division on J. K. Synthetics Ltd. , whereas the absconded accused Anup Chaturvedi was the Finance Manager. Both were working under the Managing Director Manoj Kumar Mathur. The non-applicant and the co-accused Anup Chaturvedi placed order No. U/qmr/coal 96028, dated 7-8-96 to one Vinayak Coal Corporation. In pursuance of this order, the coal was transported by Maruti Road Carrier, Indore which is owned by the applicant. The Transportation Charges of Rs. 9,45,000/- were paid through four cheques. All the four cheques were given to the applicant by the non-applicant and co-accused.

(3.) AS per the information given by the non-applicant to the applicant, the applicant placed the cheques before the Bank for encashment, but the same were dishonoured. All the cheques were of the Bank of Rajasthan Branch, Jhalawad. The cheques were returned dishonoured with the endorsement of 'stop Payment'. On 28-11-96, a registered notice was sent to the Company which was served by Registered Acknowledgment Due on 642-1996. Even thereafter, payments were not made. Therefore, that complaint was filed by the non-applicant against the applicant who was the General Manager and absconding accused Anup Chaturvedi, the Finance Manager, and Managing Director Manoj Kumar Mathur who has been discharged by order dated 23-9-98 and the case was proceeded against the applicant and absconding accused Anup Chaturvedi, Finance Manager.