SUSHIL KUMAR DAMANI Vs. SHEVETA CONSTRUCTIONS PVT LTD

JUDGEMENT

(1.) The appellant (complainant) initially filed leave to appeal against the order dated 3.8.2009 passed by Additional Chief Judicial Magistrate no.10 Jaipur City, Jaipur, in Criminal Case No.785/2006 under Section 138 of the Negotiable Instruments Act, 1881, (herein-after referred as 'the Act') whereby his complaint was dismissed and the respondents (accused persons) were acquitted of the offence under Section 138 of the Act. In view of the amended provisions of the Code of Criminal Procedure (herein-after referred to as 'the Code'), complainant's appeal was admitted and registered as Criminal Appeal No.548/2011 on 9.5.2011.

(2.) Heard the learned counsel for the parties and perused the order impugned as also the record of trial court.

(3.) Briefly stated facts of the case are that the appellant (complainant) filed two complaints for offence under Section 138 of the Act against respondent nos.1 to 3 alleging therein that respondent no.1, a Private Limited Company managed by respondent nos.2 & 3 and engaged in the business of construction work, entered into a contract with Public Works Department for construction of road from Mandryal to Randhoi in District Karauli, but some differences arose between P.W.D. and the respondents, which as per their agreement, were referred to the Sole Arbitrator. The appellant, who had the experience of dealing with such matters of Arbitration since 1955, was contacted by respondent no.2 for obtaining his consultancy services. Remuneration of Rs.2 lac was fixed for his services. The appellant provided his consultancy services to the arbitration proceedings by drafting and filing the pleadings as also the documents and arguing the matter, as a result whereof, an award of Rs.39,19,665/- was passed on 4.10.2001 in favour of respondents. Respondent no.2 issued two cheques no.0374082 dated 11.4.2002 for Rs.1.5 lac and no.0374083 dated 15.4.2002 for Rs.50,000/- respectively, towards his remuneration for the services rendered. The two cheques from Vijaya Bank, Ahinsa Circle Branch, Account no.2077, were issued in the name of his Sole Proprietorship concern, named M/s Rajasthan Roller Suppliers, Delhi and in his personal name as S.K. Damani. The appellant presented the two cheques to his banker - Bank of Rajasthan for collection, which were returned with the remark that the account had been closed on 11.5.1998. The appellant contacted respondent no.2, who assured that the Account was not closed but it became non-operational because of there being no transaction for a long time and that it will be made operational by making deposit therein and requested the appellant to present the cheques after sometime.