DESIRE CREDENTIALS AND ANR Vs. DADA MOTORS

JUDGEMENT

(1.) Present revision petition has been filed by the Petitioner proprietorship firm through its proprietor Petitioner No. 2 praying for setting aside order passed by the learned JMIC, Dasuya dated 25.2.2010 whereby the Petitioner No. 2 has been convicted and sentenced for six months rigorous imprisonment with Rs. 5000/- as fine for an offence punishable under Section 138 of the Negotiable Instruments Act; and for quashing of the appellate court order dated 5.10.2010 whereby the appeal has been dismissed.

(2.) Petitioner proprietorship firm was the marketing agent for a finance company whereas Respondent-complainant is engaged in the business of selling tractor parts and agricultural implements. On account of a dispute over a liability, the cheque presented by the complainant for an amount of Rs. 1,20,000/- was dishonoured resulting into the filing of the complaint by the Respondent under Section 138 of the Negotiable Instruments Act after following the due process of law.

(3.) Learned trial court vide order dated 25.2.2010 has convicted the Petitioner as aforesaid.