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2009 Supreme(SC) 722

P.SATHASIVAM, ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Ramrajsingh – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For the Appellant:Samir Ali Khan, Rashid, Gaurav Dhama, Prashant Chaudhary, Advocates. For the Respondents:Dr. Prabhat Kumar, Ajya Amitraj, Vibha Datta Makhija, Vijay K. Jain, Advocates.

Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court, Indore Bench, dismissing the revision application filed by the appellant questioning his conviction for an offence relating to Section 138 of the Negotiable Instruments Act, 1881 (in short the `Act).

2. Respondent No.2-complainant was dealing in the business of transportation. The appellant was the General Manager of J.K. Utility Division of J.K. Synthetics Ltd. whereas the absconding accused Anup Chaturvedi was the Finance Manager. Both were working under the Managing Director Manoj Kumar Mathur. The non-applicant and the co- accused Anup Chaturvedi placed order No.U/QMR/Coal 96028 dated 7.8.1996 with one Vinayak Coal Corporation. In pursuance of this order, the coal was transported by Maruti Road Carrier, Indore which is owned by the appellant. The transportation charges of Rs.9,45,000/- were paid through four cheques. All the four cheques were given to the appellant by the co- accused.

3. As per the information given by the co-accused to the appellant, the appellant placed the cheques before the Bank for encashment but the same were dishonor

































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