SPACEMAKERS AND ANOTHER Vs. MANSI TRADING CO

JUDGEMENT

(1.) This revision is directed against judgment dated 11.6.2014, passed by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, affirming the judgment of conviction and order of sentence dated 26.9.2013, passed by the learned Judicial Magistrate 1st Class, Jagadhri, vide which present revisionist was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and was sentenced to undergo rigorous imprisonment for one year and to pay a compensation of Rs. 1700000/- to complainant under Section 357 (3) Cr.P.C. within two months.

(2.) In default of compensation amount, accused-revisionist was directed to undergo further rigorous imprisonment for three months.

(3.) The details of facts of the case, as extracted from the evidence led by the complainant, are that Mangat Ram (since deceased), sole proprietor of M/s Mansi Trading Company, now through his legal heir Rakesh Kumar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, read with Section 420IPC, stating that accused No. 1 is proprietor of accused No. 2 company and is responsible for running day-to-day affairs of the company. Accused Sunil Kumar placed an order dated 7.1.2009 to M/s Mansi Trading Company through fax. Complaint firm on receiving the order through fax, purchased requisite material from M/s Pashupatinath International against invoice No. 309, dated 23.1.2009. The material was then supplied to accused company, vide Bill No. 4, dated 2.2.2009. The calculation of bill was also sent through fax to accused firm on 24.1.2009. To discharge said existing liability, accused issued cheque bearing No. 501133, dated 12.2.2009, for Rs. 15,58,397/-, drawn on ICICI Bank Limited, Panchsheel Park Branch, New Delhi, in favour of Mangat Ram (since deceased) with the assurance that the cheque will be honoured. Accused Sunil Kumar also sent a fax message to complainant, stating about sending of cheque to complainant company. Mangat Ram (since deceased) had presented the said cheque to Oriental Bank of Commerce, Jagadhri, which was dishonoured with the remarks 'Funds Insufficient'. Thereafter, Mangat Ram (since deceased) issued a legal notice dated 13.3.2009. In the meanwhile, Mangat Ram died and present complaint was filed through his legal heir Rakesh Kumar.