RAJINDER PARSHAD RANA Vs. ANIL CORPORATION

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 21.09.2001 passed by the Additional Sessions Judge, Chandigarh whereby appeal against the judgment of conviction and sentence order dated 12.09.2000 passed by the Judicial Magistrate Ist Class, Chandigarh, convicting the petitioner under Section 138 of the Negotiable Instruments Act (for short 'the Act') and sentencing him to undergo rigorous imprisonment for one year, was dismissed.

(2.) The matrix of facts culminating in the commencement, relevant for disposal of the present revision petition and emanating from the record, is that the complainants have filed the present complaint against the petitioner, by invoking the provisions of Section 138 of the Negotiable Instruments Act, 1881.

(3.) The case set up by the complainants was that respondent No. 1 is the proprietorship concern of respondent No. 2 and have been purchasing pig iron and caste scraps on different dates on credit from the complainants. The complainants were keeping accounts for the purchase made by the accused-petitioner and a running account of the accused was maintained in the account books. On 31.03.1997 accused-petitioner were to pay a sum of Rs. 3,81,778/-, for which a request was made to them to make the payment. Interest was accrued on the said amount from 01.04.1997 onwards. On 28.10.1998, a cheque bearing No. 123498 dated 28.10.1997 of State Bank of India, Industrial Estate Branch, Chandigarh for a sum of Rs. 3,81,778/- was issued by the accused-petitioner to clear the liabilities. When the cheque was presented, the same was received back dishonoured along with the remarks "Not Arranged For". Thereafter, the complainants got issued legal notices to the petitioner, calling upon to make the payment within a stipulated time, but in vain. It necessitated the complainants to file the present complaint against the petitioner, for the commission of offence punishable under Section 138 of the Act. On the basis of aforesaid allegations, complainants filed the complaint against the petitioner, in the manner indicated here-in-above.