RAMRAJ SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court, Indore Bench, dismissing the revision application filed by the appellant questioning his conviction for an offence relating to section 138 of the Negotiable Instruments Act, 1881 (in short the "Act").

(2.) RESPONDENT No.2.complainant was dealing in the business of transportation. The appellant was the General Manager of J.K. Utility Division of J.K. Synthetics Ltd. whereas the absconding 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 7.8.1996 with one Vinayak Coal Corporation. In pursuance of this order, the coal was transported by Maruti Road Carrier, Indore which is owned by the appellant. The transportation charges of Rs.9,45,000/ - were paid through four cheques. All the four cheques were given to the appellant by the co -accused.

(3.) AS per the information given by the co -accused to the appellant, the appellant placed the cheques before the Bank for encashment but the same were dishonoured. All the cheques were issued on Bank of Rajasthan Branch Jhalawad. The cheques were returned dishonoured with the endorsement of 'Stop Payment'. On 28.11.1996, a registered notice was sent to the Company which was served by "Registered Acknowledgement Due" on 6.12.1996. Even thereafter payments were not made. Therefore, the complaint was filed by respondent No.2 against the appellant and co -accused Anup Chaturvedi and Manoj Mathur and the case was proceeded against the appellant and absconding accused Anup Chaturvedi.