KRISHNA KUMAR BUDHIA Vs. ANIL KUMAR AGARWAL

JUDGEMENT

(1.) By this revisional application the judgment and order dated 20.11.2003 passed by the learned Addl. Sessions Judge, 5th Fast Track Court, Calcutta in Criminal Appeal No. 89/2001 confirming thereby the judgment and order dated 21.8.01 passed in Complaint Case No. C-1702/1997 by the ld. Metropolitan Magistrate, 11th Court, Calcutta whereby the learned Magistrate found the petitioner/accused guilty of the offence punishable under section 138 of the NI Act and convicted him accordingly and sentenced him to pay a fine of Rs. 4,000/-, in default, simple imprisonment for two months together with compensation of Rs. 2,54,160/- is under challenge.

(2.) M/s. Ankit Traders, the complainant represented by the OP No. 1 Anil Kumar Agarwal supplied materials to the petitioner/accused company M/s. Euro Metals and towards discharge of liabilities the accused issued a cheque being No. 887081 dated 24.4.1997 for Rs. 2,54,160/- in favour of the complainant drawn on Oriental Bank of Commerce, Princep Street Branch, Calcutta which, when presented on 13.5.97 for encashment was, dishonoured on the next day i.e. 14.5.97 with the remark "payment stopped by the drawer". The complainant came to know of this dishonourment of the cheque on 15.5.97, and then followed a demand notice dated 27.5.97 through his Advocate demanding payment of the amount and the petitioner/accused received the notice both at his office as also at his residential address on 29.5.97 and 14.6.97 respectively but in spite of receipt of the notice payment having not been made, criminal action was initiated by the de facto complainant/OP under section 138 of the NI Act on 2.1.1997.

(3.) The learned Magistrate examined three witnesses for the complainant, and the accused/petitioner as DW. 1 and upon recording of evidence found the petitioner guilty of offence and convicted him under section 138 of the NI Act and sentenced him as above.