MANOJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner, through the instant application, seeks setting aside of judgment dated 104.2016, passed by the learned Additional Sessions Judge-VI, Jamshedpur, East Singhbhum in Criminal Appeal No. 277/2012, whereby and whereunder, the learned court-below has been pleased to dismiss the appeal filed by the petitioner and uphold the judgment of conviction dated 14.09.2012, passed in C/1 Case No. 2458/2010, corresponding to T.R. No. 2072/2012 under Section 138 of the Negotiable Instrument Act, by the learned Judicial Magistrate, 1st Class, Jamshedpur, East Singhbhum, whereby, learned Magistrate convicted the petitioner under Section 138 of the Negotiable Instrument Act, 1881, and sentenced him to one year simple imprisonment and pay a fine of Rs.7,00,000/-. In default of payment of fine, the accused petitioner was to undergo three months simple imprisonment. Petitioner further prayed to set aside the judgment of conviction dated 14.09.2012, passed in C/1 Case No. 2458/2010, corresponding to T.R. No.2072/2012 under Section 138 of the Negotiable Instrument Act by the learned Judicial Magistrate, 1st Class, Jamshedpur, East Singhbhum.

(3.) The case of the complainant is that the complainant deals in the manufacturing of angles, channels, bars, flat, strips etc. and the petitioner-accused is the proprietor of M/s. MAPS Enterprises having its works and office at C/44, 1st Phase, Adityapur Industrial Area, Adityapur, District Saraikela-Kharsawan, Jharkhand. It is alleged that the accused had placed an order for MS strips/ bar/ flat vide purchase order No. M/E/ASW/02/10-11 dated 24.05.2010. The complainant supplied the said articles against purchase order of the accused vide Despatch Advice cum Invoices No. B0276 dated 10.06.2010 amounting Rs.5,15,745.15/- ( Rupees Five Lakh Fifteen Thousand Seven Hundred Forty Five and Fifteen Paisa only) and Despatch Advice cum Invoice No. B0282 dated 11.06.2010 amounting Rs.1,53,438.77/- (Rupees One Lakh Fifty Three Thousand Four Hundred Thirty Eight and Seventy Seven Paisa only). In discharge of aforesaid liabilities, the accused issued two cheques bearing no. 534484 dated 11.07.2010 amounting Rs.5,15,745.15/- ( Rupees Five Lakh Fifteen Thousand Seven Hundred Forty Five and Fifteen Paisa only) and another cheque no.534486 dated 12.07.2010 amounting Rs.1,53,438.77/- (Rupees One Lakh Fifty Three Thousand Four Hundred Thirty Eight and Seventy Seven Paisa only), both were drawn on State Bank of India, Adityapur Branch, Jamshedpur. Both the aforesaid cheques were deposited by the complainant in Union Bank, S.S.I. Branch, Bistupur, Jamshedpur on 15.07.2010. The complainant received bank return memo dated 15.07.2010 issued by Union Bank, S.S.I, Branch, Bistupur, Jamshedpur that both the aforesaid cheques have not been honoured and returned the same with a note "Exceeds Arrangement". Therefore, legal notice dated 29.07.2010 was sent through Advocate by registered post with acknowledge due on 29.07.2010 and demanded the amount indicated in the aforesaid cheques within 15 days from the receipt of notice. The accused received with acknowledgement the said notice on 30.07.2010, but, he neither paid amount to the complainant nor issued any reply. The complainant being aggrieved filed case before the learned C.J.M., Jamshedpur being The learned Judicial Magistrate, 1st Class, after hearing the parties, convicted the accused-petitioner under Section 138 of the Negotiable Instrument Act, 1881 and sentenced him for one year SI and to pay a fine of Rs.7,00,000/- (Rupees Seven Lacs), and in default of fine, further three months SI. On appeal by the accused-petitioner in Criminal Appeal No. 277/2012, the learned Additional Sessions Judge-VI, Jamshedpur, dismissed the appeal and upheld the judgment of conviction and order of sentence passed by the court-below in C1 Case No. 2458/2010. Hence, this revision application. Argument advanced by counsel for the petitioner: