S.P. SAKLANI Vs. RAVINDER SINGH THAKUR

JUDGEMENT

(1.) The present criminal revision petition under Sections 397 and 401 of the Code of Criminal Procedure, 1973, ( in short Cr.P.C. ) is directed against the judgment dated 3.6.2006, passed by the learned Sessions Judge, Shimla, dismissing the appeal filed by the petitioner, who shall hereinafter be called as the convict and thereby affirming the judgment/order dated 17.11.2005/23.11.2005, passed by the learned Chief Judicial Magistrate, Shimla, H.P., convicting the convict for the offence under Section 138 of the Negotiable Instruments Act, 1881 (in short the Act ) and sentencing him to undergo rigorous imprisonment for two months and to pay fine of Rs. 40,000/- and in default to suffer further simple imprisonment for two months with a direction that out of the amount of fine, if realized, a sum of Rs.24,600/- being the cheque/liability amount shall be payable to the complainant, the respondent herein, as compensation.

(2.) The facts of the case in brief are that the respondent (complainant) filed a complaint against the petitioner (convict) under Section 138 of the Act on the averments that he was running business of sale of cement bricks and other construction material in the name and style of M/s Thakur Devi Ram and others. During April and May, 1998, the convict purchased cement and bricks etc. from the complainant, for which he owed a sum of Rs.24,600/- to him. On 15.5.1999, the convict issued cheque No. 244127 in the sum of Rs.24,000/- drawn on UCO Bank, Vidhan Sabha, Shimla Branch, towards consideration of aforesaid articles purchased by him from the complainant. The complainant presented the cheque through his banker, that is, UCO Bank, Vidhan Sabha and the same was returned unpaid on 19.4.1999, with the endorsement Not arranged for , meaning thereby that the cheque was dishonoured.

(3.) According to the complainant, the cheque was presented on 19.5.1999. It was dishonoured on the same day. Consequently, statutory notice was issued by the complainant to the convict on 22.5.1999, which was served upon him on 23.5.1999 and on his failure to make payment of the amount of the cheque the complaint was filed on 16.6.1999 on these and other usual averments.