DINESH CHANDRA TULSIDAS MADANI Vs. BRAJO SUNDAR BANERJEE

JUDGEMENT

(1.) Present revisional application is directed against the judgment and order dated 2.12.99 passed by the learned Additional Sessions Judge, 1st Court, Howrah in Criminal Appeal No. 12 of 1997 thereby affirming the order of conviction and sentence passed by the learned Judicial Magistrate, 4th Court, Howrah in complaint case No. 1408/C of 1994 (T.R. No. 337 of 1994).

(2.) The prosecution case in brief is that the complaint is a dealer in Horticultural Plants, Seeds etc. The accused contacted the complainant for purchasing some plants and seeds. Being satisfied with the terms and conditions of the said firm the accused agreed to purchase the same by quotation offer and in terms of the said offer the complainant supplied plants to the accused person. The accused received the said plaints, but failed to pay the bill amount of Rs. 1,70,000/-. It was alleged that the accused put his signature on the challans on being satisfied that the articles as ordered were duly supplied. On 25.9.94 the witness Usha Patil went to the place of the accused to receive the payment on behalf of the complainant. The accused asked the said witness to come again on 3.10.94 and accordingly said witness again went to the accused on the said date to receive the payment, but the accused refused to make the payment. On the same day in the evening the complainant along with the witness Usha Patil again approached the accused person for the payment, which was also refused by the accused.

(3.) The learned Magistrate after considering the entire evidence on record found the accused guilty of the offence under section 420 of the Indian Penal Code and accordingly sentenced him to suffer regorous imprisonment for two years and also to pay a fine of Rs. 600/-, id., to suffer further R.I for 6 months.