S N DABHOLKAR Vs. DUROPLUS INDIA PVT LTD

JUDGEMENT

(1.) The judgment and order dated 17.07.2004 passed by the learned Additional Sessions Judge, 7th Fast Track Court, Bichar Bhawan, Calcutta in Criminal Appeal No. 9 of 2003 confirming thereby the judgment and order of conviction and sentence passed by the learned Metropolitan Magistrate, 14th Court, Calcutta in Case No. 1194/99 under Section 138 of the Negotiable Instruments Act against the petitioner said to be the proprietor of M/s. Dabholkar Enterprises is the subject matter of challenge in this revisional application.

(2.) Before the learned Chief Metropolitan Magistrate the opposite party/complainant lodged the complaint alleging that pursuant to the order placed by the petitioner (accused) the complainant (o. p.) supplied materials and raised a bill dated 17.07.1997 worth Rs. 2,47,962.54 P. which the accused assured the complainant of payment. Thus, towards discharge of liability the accused issued two cheques one dated 18.12.1998 for Rs. 50,000/- and another dated 28.01.1999 for Rs. 50,000/- drawn on Dena Bank, Margao, Goa. The cheques were deposited on 06.02.1999 but were returned dishonoured by a memo, dated 15.02.1999 with the remarks "exceed arrangements". The complainant received the intimation about the dishonour of cheques from his banker, Bank of Baroda, Burrabazar Branch, Calcutta on 1.3.1999. Demand notice follwed on 8.3.1999 and it was received by the accused on 15.03.1999. Accused sent a reply through his advocate on 22.3.1999 admitting the liability but payment was not made.

(3.) Learned Metropolitan Magistrate, 14th Court, Calcutta by his judgment and order dated 26.09.2002 convicted the petitioner under Section 138 of the N.I. Act and sentenced to suffer rigorous imprisonment for six months and to pay a compensation Rs. 2,00,000/-.