Dishonour of Cheque--Compensation--Cheque amount was Rs 1.46 crores--Sentence reduced from 24 months to 18 months by enhancing fine from Rs. Two Thousand to Rs. Twenty Five lakhs

JUDGMENT

Mr. Gurvinder Singh Gill, J.:- The petitioner Ravinder Singh assails judgment dated 15.9.2017 passed by learned Additional Sessions Judge, Ludhiana, whereby his appeal challenging judgment dated 8.11.2013 passed by learned Judicial Magistrate 1st Class, Ludhiana holding him guilty for offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as “the Act”) has been been dismissed and his conviction for offence under Section 138 of the Act, has been upheld.

2. A few facts, necessary to notice, are that the Department of Food and Civil Supplies, Government of Punjab had appointed ‘M/s Jai Guru Dev Gram Udyog Samiti’ for the purpose of procuring paddy on behalf of the ‘Food Corporation of India’ and for custom milling the same through sheller. The petitioner Ravinder Singh being Secretary and Bhupinder Kaur being Chairman of ‘M/s Jai Guru Dev Gram Udyog Samiti’ were stated to be the persons responsible for carrying day-to-day functioning of the sheller. During the year 2000-01, the complainant had entrusted 8155.175 metric tonnes of paddy for custom milling against which 5219 metric tonnes of rice was to be delivered by accused to ‘Food Corporation of India’ on behalf of the complainant. However, the complainant alleged that the accused failed to deliver the due rice and that 4478.809 metric tonnes of paddy was left with the accused and the complainant in order to save the paddy from deterioration decided to deliver the aforesaid stock to highest bidder i.e. ‘M/s Hardial Singh and Sons’, who were asked to lift the paddy from the premises of the accused but only 1727 metric tonnes paddy could be lifted as there was no other stock left with the accused in their premises. It is thus alleged that the accused had committed breach of trust by misappropriating the stock of paddy entrusted to them and nor having delivered the custom milled rice to ‘Food Corporation of India’.

3. It is the case of the complainant that the accused, while acknowledging that an amount of Rs.3,96,00,000/- was due to be paid by the accused, had issued three cheques one of them being cheque bearing No.0023909 dated 21.6.2005 for an amount of Rs.1,46,00,000/- but the same upon presentation was dishonoured and returned back to the complainant vide memo dated 14.7.2005 with the remarks ‘account closed’. The cheques in question were received by the complainant through his banker on 3.8.2005. The complainant issued registered notice dated 24.8.2005 calling upon the accused to make good the payment, but the same not having been made, the complainant filed a complaint under Section 138 of the Act.

4. The petitioner was summoned and notice of accusation was served upon him. The complainant in order to establish his case examined Sh. N.K. Sharma, District Manager, Punjab Agro Food grains Corporation Ltd. as CW- 1 and also led documentary evidence. The learned trial Court, upon considering the evidence on record and after considering the submissions raised before it, held the petitioner guilty for having committed offence punishable under Section 138 of the Act and sentenced him to undergo simple imprisonment for 2 years and also to pay fine amounting to Rs.2,000/- vide judgment dated 8.11.2013 passed by learned Judicial Magistrate 1st Class, Ludhiana. The appeal filed by the petitioner before the Court of Sessions was dismissed vide judgment dated 15.9.2017, which has been assailed by way of filing the present revision petition.

5. The learned counsel for the petitioner has submitted that the learned trial Court fell in error in holding that the cheque in question had been issued in discharge of a legally enforceable liability against the petitioner, whereas infact the same had been issued merely as a security cheque and was infact an undated cheque. The learned counsel has further submitted that, in any case, th