INDRANIL MONDAL Vs. BIRLA CORPORATION LIMITED

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 6/5/2022 passed by the Learned Additional District and Sessions Judge, 2nd Fast Track Court, City Sessions Court, Bichar Bhawan, Calcutta in criminal Appeal No. 195 of 2019 arising out of Case no. C-2379 of 2001, wherein the learned Appellate Court was pleased to set aside the order of acquittal passed under Sec. 138 of the Negotiable Instruments Act by the Learned Metropolitan Magistrate, 5th Court, Calcutta in complaint case no. C-2379 of 2001 and convicted the appellant, thereby sentencing him to pay fine of Rs.3,40,000.00 i.d. to suffer Simple Imprisonment for 6 months. By the same order the Appellate Court directed that the whole amount of fine should be paid and disbursed to the complainant as compensation.

(2.) Complaint case no. C-2379 of 2001 was initiated against the appellant/accused under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'N.I. Act'). The allegations made in the petition of complaint were to the extent that appellant was the proprietor of M/s Sova Builders which carried on business as dealer and stockists of the complainant company namely, Birla Corporation Ltd. The complainant company in due course of business supplied cement and raised bills and as such a current and continuous account was maintained by the complainant company. A sum of Rs.1,70,000.00 was due and payable by the accused persons to the complainant and as such in discharge of the said liabilities an account payee cheque bearing no. 108106 dtd. 31/3/2001 for Rs.1,70,000.00 drawn on Central Bank of India, Park Circus, Calcutta was issued in favour of the complainant company. The complainant company deposited the said cheque with its banker UCO Bank, 10, B.M.T. Sarani, Kolkata-700001, however, the said cheque when presented was dishonoured with the remarks 'funds insufficient/full cover not received' which revealed from the bank memo dtd. 3/4/2001. The intimation was received by the complainant on 4/4/2001. The complainant company thereafter sent a demand notice to the accused person on 11/4/2001 by Registered Post with A/D demanding the amount covered by the dishonoured cheque to be paid within 15 days of receipt of the notice. The accused received the notice but failed and neglected to make any payment.

(3.) On the complaint being filed, cognizance of the offence was taken by the learned Magistrate and after recording the initial evidence summons were issued, pursuant to which accused person appeared before the learned trial Court. In course of the proceedings the accused was examined under Sec. 251 of the Code of Criminal Procedure and the substance of accusation was read over to him, to which he pleaded not guilty and claimed to be tried.