VIRENDER SHRIMAL Vs. KADARI HARDWARE STORE

JUDGEMENT

(1.) THIS order shall also govern the disposal of Criminal Revision No. 199/2009 as both the petitions are arising out of one judgment.

(2.) BEING aggrieved by the order dated 4.2.2009 passed by 1st ASJ, Shajapur in Criminal Appeal No. 79/2008, whereby the judgment dated 31.3.2008 passed by JMFC, Shajapur in case No. 30/2007, whereby the petitioner was convicted for an offence punishable under Section 138 of Negotiable Instruments Act (in short the 'N.I. Act'), was maintained and sentence of six months and fine of Rs. 1,00,000/-was modified by reducing the fine amount to Rs. 10,000/-, present petition has been filed.

(3.) SHORT fact of the case was that a private complaint was filed by the respondent No. 1 on 26.12.2006 under Section 138 of NI Act alleging that the respondent No. 1 is resident of Shajapur and is carrying Hardware Store in the name and style of M/s. Kadari Hardware Stores. It was alleged that respondent No. 1 is the proprietor of the shop. It was alleged that the petitioner is carrying the business in the name and style of M/s. Mahavir Warehouse. It was alleged that petitioner is carrying a construction work of warehouse at village Sadarkhedi. It was alleged that petitioner was in need of iron pipes for his construction work. It was alleged that on 14.10.2006, petitioner purchased goods valuing Rs. 85,000/- from the shop of respondent No. 1. It was further alleged that after purchasing the pipes on 14.10.2006, a cheque of Rs. 85,000/- of Bank of India was issued by the petitioner on 25.10.2007. Further case of prosecution was that the said cheque was deposited by the respondent No. 1 with Nagrik Sahkari Bank Maryadit, Shajapur, but the same was returned with the memorandum having remark "insufficient funds". It was alleged that it is informed by the Nagrik Sahkari Bank to respondent on 23.11.2006. Thereafter, the respondent issued a notice to the petitioner. It was alleged that petitioner has committed an offence punishable under Section 138 of N.I. Act. It was prayed that after taking cognizance, the petitioner be convicted. After taking cognizance, the petitioner was served with the notice of the Court. After framing of charges and also after recording of evidence, the learned Trial Court convicted the petitioner against which an appeal was filed by the petitioner, which was allowed in part by maintaining the conviction but reducing the fine amount of Rs. 1,00,006/- to Rs. 10,000/-, hence both the parties have preferred the petition.