VENTURE MICRON Vs. EARAWAT STEEL PRIVATE LTD

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner aggrieved by the judgment and order of conviction dated 22-1-10 passed by learned IX Additional Sessions Judge, Ujjain in Criminal Appeal No. 386 of 09, whereby the learned Addl. Sessions Judge has confirmed the judgment and order of conviction and sentence recorded by Judicial Magistrate First Class, Ujjain, in Criminal Case No. 489 of 08, sentencing the petitioner to undergo SI for one year and to pay fine of Rs 26,00,000/- as compensation. Briefly stated the facts of the case are that respondent/complainant filed a complaint against the petitioner under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act') alleging that on different instances it supplied goods to the petitioner, totally worth of Rs 23,79,520/- regarding which invoice No. 110, dated 16th May, 07 was prepared. It was also alleged that receipt of goods was duly acknowledged by the petitioner Mr. Mehul, Proprietor of M/s Venture Micron, and that petitioner sent two cheques of Rs 7,00,000/- (Exh. P-3) and Rs 16,00,000/- (Exh. P-4) both drawn on HDFC Bank, Godhra Branch, Gujarat. It was further alleged that the said cheques when were presented for encashment through their bankers State Bank of India, Ujjain Branch, they return unpaid vide return memo dated 27-9-07 (Exh. P-5 and Exh. P-6). As alleged, then complainant sent a legal notice (Exh. P-7) through its Counsel Mr. Sandeep Vyas vide postal receipt (Exh. P-8) and UPC receipt (Exh. P-9) to the petitioner regarding dishonour of cheques. The notice sent through registered post returned unserved and notice sent under postal certificate (UPC) was served. Thus a complaint was filed against the petitioner before the Court of Judicial Magistrate First Class, Ujjain.

(2.) The learned Magistrate after recording evidence of both the parties, found the petitioner guilty of offence punishable under Section 138 of the Act, convicted and sentenced him to undergo SI for one year and also directed him to pay Rs 26,00,000/- as compensation to the complainant.

(3.) Petitioner filed an appeal before the IX Addl. Sessions Judge, Ujjain, which was dismissed maintaining the findings recorded by learned Trial Court. Hence the petitioner has come up in revision.