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2014 DIGILAW 1933 (RAJ)

Rajesh Kumar v. M/s Raj Kumar & Company

2014-12-01

VIJAY BISHNOI

body2014
JUDGMENT 1. - The matter is listed today for disposal in the spirit of Lok Adalat. 2. This criminal revision petition has been preferred by the petitioner against the order dated 01.12.1998 passed by the Additional Sessions Judge No.1, Sri Ganganagar (for short 'the appellate court' hereinafter), whereby the Cr.Appeal No.43/1998 filed by the petitioner against the judgment dated 23.01.1998 passed by the Additional Chief Judicial Magistrate, Sri Ganganagar (for short 'the trial court' hereinafter), has been dismissed. 3. The trial court in Cr.Case No.318/1993 has convicted the petitioner for for the offence punishable under section 138 of the N.I.Act and sentenced him to undergo one year's rigorous imprisonment and also imposed a fine of Rs. 7,00,000/-. 4. Brief facts of the case are that on 23.09.1992, a complaint was filed by one Lekh Raj, who was a partner of respondent-firm situated at Vijay Nagar, District Sri Ganganagar, while alleging that the respondent-firm is a commission agent and engaged in trading of agricultural produce. The petitioner, who is running an oil mill had purchased mustard through the respondent-firm and against the said purchase, an amount of Rs. 10,39,851/- was outstanding. Out of the said amount, the petitioner had paid a sum of Rs. 4,80,000/- through a cheque, however, a cheque of Rs. 5,00,000/- was issued by the petitioner on 29.06.1992, which was not honoured by the Bank for the reason that payee does not have sufficient amount in his account. When the cheque was returned, the respondent-firm had informed the petitioner about the same and the petitioner had requested to submit the cheque again after 20 days. The respondent-firm had again submitted the check but it was again dishonoured on 20.07.1992 and, therefore, a notice was sent to the petitioner but the payment was not paid. Hence, this complaint under section 138 of the N.I.Act. 5. The trial court, after taking into consideration the evidence produced by the parties, passed the judgment dated 23.01.1998 and convicted the accused-petitioner for the offence punishable under section 138 of the N.I.Act and sentenced him to undergo one year's rigorous imprisonment and imposed a fine of Rs. 7,00,000/-. The appeal against the judgment of the trial court has also been dismissed by the appellate court against which the petitioner has preferred this revision petition. 6. 7,00,000/-. The appeal against the judgment of the trial court has also been dismissed by the appellate court against which the petitioner has preferred this revision petition. 6. Today, the learned counsel for the petitioner has submitted that for disposal of this revision petition in the spirit of Lok Adalat, he is not challenging the orders passed by the trial court as well as the appellate court on merits and submitted that the petitioner is ready to pay the cheque amount of Rs. 5,00,000/- to the respondent within a period of six months from the date of this order and prayed that the impugned judgment may kindly be set aside. 7. Learned counsel appearing for the respondent No.1 has also submitted that his client is also ready for disposal of this revision petition in the spirit of Lok Adalat and if the petitioner is ready to give an undertaking to this effect that he will pay the cheque amount of Rs. 5,00,000/- to the respondent No.1 within a period of six months from the date of this order, he has no objection if the judgment of the trial court is set aside. 8. Looking to the willingness of the petitioner to pay the cheque amount of Rs. 5,00,000/- to the respondent No.1 within a period of six months and in view of the fact that the respondent No.1 has also accepted the offer made by the petitioner, this is a fit case, which can be disposed of in the spirit of Lok Adalat. Hence, without going into the merits of the revision petition, the judgment impugned passed by the trial court as well as the appellate court are set aside with a condition that the petitioner shall pay the amount of Rs. 5,00,000/- to the respondent No.1 within a period of six months from today. The petitioner is directed to file an undertaking of this effect before the trial court within fifteen days from today. It is made clear that if the petitioner fails to submit an undertaking as directed above before the trial court within stipulated time and even after filing such undertaking fails to pay the amount of Rs. 5,00,000/- to the respondent No.1 within the stipulated period, the orders passed by the both the courts below shall be revived automatically.Revision disposed of. *******