MAHESH BHURANI Vs. BHAGWANDAS BRIJLAL & COMPANY

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 17.5.2014 passed in Criminal Appeal No. 297 of 2014. The appellate court affirmed the judgment passed by the trial court in R.T. No. 4357 of 2010. The appellate court and trial court have held the petitioner guilty for commission of offence punishable under Section 138 of Negotiable Instruments Act and awarded sentence RI for one year and compensation of Rs. 11,50,000/ -. In failure to pay the compensation the court awarded further sentence of RI three months and cost of Rs.10,000/ -.

(2.) The petitioner had issued the following cheques : -

(3.) When the cheques were presented for encashment, the cheques were returned by the bank with the objection that there was no credit/insufficient fund in the account of the petitioner. Inspite of service of notice, the petitioner did not pay the amount, hence the respondent filed complaint before the trial court. It was pleaded by the respondent that it was in the business of selling cereals and it had sold the cereals to the petitioner Dallmill on credit for the period between February 2006 to 2007 through 26 bills and total amount of Rs.71,01,933/ - was due against the petitioner. The respondent also paid the amount of Rs.67,20,000/ - to the petitioner. Thereafter, the petitioner issued the cheques in favour of complainant of his account of Dharneshwar Nagrik Shakari Bank, Bhopal. The aforesaid cheques were deposited by the respondent in the Union Bank of India, Branch Jumarati for encashment in his bank account. However, the cheques were returned back with the endorsement of insufficient fund. Thereafter, a notice was issued and inspite of that notices no payment was made.