RAMESHWAR SHARMA Vs. RAMA HARDWARE

JUDGEMENT

(1.) THE Petitioner is aggrieved by the judgment of the two Courts below convicting him for offence under Section 138 of the Negotiable Instrument Act. The complainant -Respondent herein approached the trial Court on the allegations that the Petitioner had purchased goods for Rs. 52,548/ - from his Hardware Shop and to discharge this liability he had issued a cheque amounting to Rs. 52,548/ - which was dishonoured by the Bank.

(2.) IN order to prove his case, the complainant examined 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes Shri Vivek Kuthiala, partner of the Firm, who appeared as CW -1 and supported the allegations made in the complaint. He states that when cheque Ext.CW1/C dated 15.12.2003 was issued by the Petitioner and when it was presented to his bankers UCO Bank Ram Bazar, it was received back dishonoured with memo Ext. C.W. 1/D as the payment had been stopped. The learned Court found that payment was stopped without any reasonable cause.

(3.) THE learned trial Court accordingly proceeded to sentence the Petitioner to six months simple imprisonment and to pay compensation of Rs. 70,000/ -. These findings were reaffirmed by the learned Appellate Court.