TRIMOHAN INNS PVT. LTD. Vs. KHALSA BROS. LUDHIANA

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dtd. 10/11/2010 passed by the Additional Sessions Judge, Ludhiana vide which the appeal preferred by the accused-petitioners against the judgment of conviction and order of sentence dtd. 9/1/2006 passed by the Judicial Magistrate 1st Class, Ludhiana has been dismissed.

(2.) The brief facts of the case are that the complainant/respondent No.2-M/s Khalsa Brothers was a proprietorship Firm and was doing the business of supplying tent, furniture material and the accused/respondent No.1-M/s Trimohan Inns Pvt. Ltd. was a Private Limited Company having Hotel Business at Phillaur, District Jalandhar. The accused/respondent No.2-Sham Mohan Sharma, Director of M/s Trimohan Inns Pvt. Ltd. (accused-respondent No.1) was responsible for all the acts, conducts and business of the company. The accused-petitioner No.2 ordered the complainant firm to supply the tent furniture, catering and other goods and issued three cheques bearing No. 293113 dtd. 5/5/1999, 293111 dtd. 15/5/1999 and 293114 dtd. 25/5/1999 for a sum of Rs.50,000.00each (totalling Rs.1,50,000.00) drawn on State Bank of India, Phillaur on account of payment of the bill, in favour of the complainant-respondent firm with the assurance that the same would be encashed. The complainant-respondent presented the aforesaid cheques for encashment through his Banker which were returned to the complainant/respondent as dishonoured with remarks "Exceeds Arrangements" vide memo dtd. 12/6/1999. The accused/petitioner No.2 was served with a legal notice dtd. 29/6/1999 for the repayment of the aforesaid amount but he failed to make the payment within the stipulated period of 15 days, leading to initiation of proceedings under Sec. 138 of the Negotiable Instruments Act, 1881.

(3.) In the complaint under Sec. 138 of the Negotiable Instruments Act, 1881 filed by the complainant/respondent, the accused/petitioner No.2 was summoned to face trial. The evidence was led and ultimately, the accused/petitioner No.2-Sham Mohan Sharma was held guilty and accordingly, convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, and was sentenced as under:- <IMG>JUDGEMENT_148_LAWS(P&H)3_2025_1.jpg</IMG>