PURAN CHAND Vs. LAKHINA FURNISHING (P) LTD

JUDGEMENT

(1.) Present revision petition has been preferred by Puran Chand, who was prosecuted in a complaint filed by Lakhina Furnishing (P) Ltd. through its Director Jagdish Lakhina. Seven cheques issued by the petitioner had bounced and for this the trial Court held the petitioner guilty vide judgment and order dated 05.09.2001 of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'the Act') and sentenced him to undergo rigorous imprisonment for a period of one year. Petitioner was also fastened with a compensation of Rs. 4.00 lacs to be paid to the complainant under Section 357 Cr.P.C.

(2.) Aggrieved against the same, petitioner had filed an appeal. The appellate Court finding no merit, dismissed the appeal, upheld the conviction and maintained the sentence of the petitioner.

(3.) Brief facts of the case can be gathered from the complaint preferred by the respondent-Company, in which it was stated that the complainant-Company was in the business of manufacturing and sale of handloom products at Panipat. The accused petitioner was also dealing with the Company and was purchasing the goods. An on-going account was maintained by the accused petitioner with the complainant Company. The payment of the goods purchased on credit was used to be made against the bills. In discharge of his liability, the accused petitioner had issued certain cheques to the complainant Company. All the cheques were duly signed by the accused petitioner. The particulars of the cheques can be noticed from the following portion of para 3 of the complaint: