NARINDRA TEXTILE Vs. GIRDIIARI LAL BANSAL

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 5. 2. 2001 passed by the learned Additional Sessions Judge, Sirsa by which the appeal filed by the petitioners against the conviction and sentence recorded against them under Section 138 of the Negotiable Instruments Act, 1881 was dismissed.

(2.) A complaint under Section 138 Of the Negotiable Instruments Act, 1881 as filed by Girdhari Lal Bansal against M/s Narindra Textiles through its partner Mohan Lal Kukkar on the ground that the firm had purchased cloth worth Rs. 50,030. 70 vie Bill No. 485 dated 30. 12. 1993 and Bill No. 507 dated 7. 1. 1994. The Firm had promised to pay the outstanding amount due on demand but when this was not done a demand was raised whereupon the accused issued three cheques bearing Nos. . 132663, dated 24. 2. 1994 for Rs. 13,000/-; 132664 dated 18. 3. 1994 for Rs. 17,000/- and 132665 dated 18. 2. 1994 for Rs. 20,000/- i. e. for a total sum of Rs. 50,000/- in favour of the complainant towards full and final payment of its account for discharge of the liability. These cheques when presented for payment were returned by the bankers of the accused with the memo that the funds in the account of the accused were insufficient to honour the cheques. The cheques were returned on 15. 6. 1994 and the demand for payment raised by the complainant on the accused was not matured and when no payment was made inspite of demand, the present complaint was filed.

(3.) ON appraisal of the evidence led before the trial Court and after hearing the leaned Counsel for the parties the accused were convicted and sentenced to undergo R. I. for a period of 6 months and to pay a fine of Rs. 30,000/- and in default of payment of fine to further undergo R. I. for a period of three months. In appeal preferred by the petitioner, while maintaining the conviction and substantive sentence of the petitioners, learned Additional sessions Judge, Sirsa reduced fine from Rs. 30,000/- to Rs. 5,000/- and in default thereof to undergo further SI for a period of two months. Hence this revision.