REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 643 OF 2011

(Arising out of SLP(Crl.) No.3045 of 2008)

Milind Shripad Chandurkar

…

Appellant

Versus

Kalim M. Khan & Anr.

… Respondents

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1.

Leave granted.

2.

This appeal has arisen out of judgment and order dated

18.2.2008 passed by the High Court of Judicature at Bombay in

Criminal Revision No.656 of 2007 by which the High Court has set

aside the judgments and orders of the trial Court as well as of the

Appellate Court convicting the respondent no.1 for the offences

punishable under Section 138 of the Negotiable Instruments Act, 1881

(hereinafter called the Act 1881) and sentencing him for the period,

till the rising of the Court and to pay compensation of a sum of

Rs.7,00,000/-. Failing which, the respondent would serve simple

imprisonment for a period of six months.

3.

The facts and circumstances giving rise to this case are that the

appellant/complainant claimed to be the sole proprietor of the Firm,

namely, Vijaya Automobiles, which had the business of supplying

fuel. The firm had supplied