BALLIN STEEL INDUSTRY Vs. C K STEEL TRADERS

JUDGEMENT

(1.) THIS application under Section 401, Cr. P. C. has been preferred by the accused persons challenging the order of conviction under Section 138, Negotiable Instruments Act, 1881 (hereinafter referred to as the "act") passed by learned J. M. F. C. , Panposh at Rourkela vide impugned judgment pronounced on 5. 3. 1993 in I. C. C. No. 24-A of 1990 and confirmed by learned Addl. Sessions Judge, Rourkela vide judgment dated 13. 4. 1994 in Crl. Appeal No. 22 of 1993.

(2.) IN view of the further argument advanced today a detail reference to the facts and the findings recorded by the Courts below is not required to be reflected in this Judgment. Suffice It for the purpose to note that a cheque issued by accused/petitioner No. 2 Kamal Prasad Shaw, Proprietor of Ballin Steel Industry, a firm (which is accused/petitioner No. 1) bounced for an amount of Rs. 40,000/ -. In spite of the statutory notice as provided under Section 138 of the Act since the petitioners failed to pay the amount, opposite party-complainant instituted the aforesaid complaint case for punishment of the petitioners under Section 138.

(3.) UPON assessment of the oral and documentary evidence the trial court found the offence to have been proved and accordingly convicted the petitioners and sentenced each of them to pay a fine of Rs. 2,000 and in default petitioner No. 2 was sentenced to undergo S. I. for fifteen days in addition to the substantive sentence i. e. simple imprisonment for one month. Learned Addl. Sessions Judge, Rourkela in the aforesaid criminal appeal after further analysis of the evidence on record did not accept the contention raised by both the petitioners and accordingly dismissed the appeal and confirmed the order of conviction as well as the sentence.