SANJAY SAWALDAS KATARIYA Vs. EXPORT AUTOMOBILES

JUDGEMENT

(1.) The applicant was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "N.I. Act") and sentenced with three months' simple imprisonment along with fine of L 26,000/- vide judgment dated 19.8.1999 passed by the JMFC Bhopal (Shri Devnarayan) in RT No.1682/1998. In Criminal Appeal No.165/ 1999 and 170/1999 the 9th Additional Sessions Judge, Bhopal vide judgment dated 27.9.1999 partly allowed the appeal by which the conviction was maintained but the sentence relating to jail sentence was set aside and the fine amount was enhanced from L 26,000/- to L 30,000/-, whereas appeal filed by the respondent for enhancement of the sentence was dismissed. Being aggrieved with the judgments of both the Courts belows, this criminal revision is preferred by the applicant.

(2.) The prosecution case, in short, is that the complainant/respondent had supplied some spare parts of motor vehicles to the firm M/s. Cozy Drive and a cheque was issued on 22.11.1997 for part payment of L 51,000/-. When the cheque was produced before the concerned bank on 27.11.1997, it was dishonoured due to insufficient funds. A notice Ex.P-5 was given to the firm, but no payment was made by anyone, and therefore a complaint was lodged by the complainant/respondent.

(3.) Sunil Beri (PW-2) and the witness Ramprakash Beri (PW-l) were examined before the trial Court. The applicant-accused abjured his guilt but he did not produce any defence evidence.