Shanti Electricals vs Ashok Bhadoriya
2023 Latest Caselaw 82 MP

                                                          1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                             ON THE 2 nd OF JANUARY, 2023
                                         CRIMINAL REVISION No. 287 of 2008

                         BETWEEN:-
                         SHANTI  ELECTRICALS  THROUGH     PROPRIETOR
                         MURARI LAL CHOUDHARI, S/O SHRI MAUJILAL
                         CHOUDHARI, AGED ABOUT 36 YEARS, OCCUPATION:
                         CONTRACTOR      VIDHYUT R/O   INFRONT    OF
                         MEHANDIWALE                 SAIYAD,SHANKAR
                         COLONY,BHUMIYAPURA (MADHYA PRADESH)

                                                                                      .....APPLICANT
                         (NO ONE APPEARS FOR THE APPLICANT )

                         AND
                         1.    ASHOK BHADORIYA S/O SHRI HARGOVIND
                               SINGH BHADORIYA , AGED ABOUT 35 YEARS,
                               OCCUPATION: CONTRACTOR, R/O LINE NO.5,
                               QT.N O.113 BIRLA NAGAR, DISTT. GWALIOR
                               (MADHYA PRADESH)

                         2.    THE STATE OF MP INCHARGE POLICE STATION
                               P.S. JANAKGANJ, DISTRICT GWALIOR (MADHYA
                               PRADESH)

                                                                                   .....RESPONDENTS
                         (NO ONE APPEARS FOR THE RESPONDENT NO.1 AND SMT. ABHA
                         MISHRA- PUBLIC PROSECUTOR FOR THE RESPONDENT NO.2- STATE )

                               Th is revision coming on for hearing this day, th e court passed the
                         following:
                                                           ORDER

Today, no one appears for the applicant. Even 09-03-2019, no body had appeared on behalf of the applicant. The present Criminal Revision is pending since 2008.

Necessary facts for disposal of present revision in short are that Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/3/2023 10:37:01 AM

respondent filed a complaint under Section 138 of the NI Act before the Special Judicial Magistrate Gwalior alleging therein that he is working as a Contractor of electrical articles for the purpose of construction of building and applicant Murari Lal Choudhari is the proprietor of Firm, namely, M/s. Shanti Electricals. He had paid Rs.50,000/- to the applicant and the applicant had issued a post- dated cheque bearing no.078239 of Gwalior-Datia Kshetriya Gramin Bank, Branch near Girwai Kambal Centre, AB Road, Lashkar, Gwalior. When respondent presented the said cheque before the UCO Bank, Birla Nagar Branch, the same was dishonoured. Thereafter, respondent issued a notice to the applicant for re-payment of aforesaid amount. Despite receiving the notice,

applicant did not pay the aforesaid amount within the stipulated period, therefore, a complaint was filed under Section 138 of Negotiable Instruments Act. The applicant appeared before the Court below and denied the allegations made by respondent. After recording the oral as well as documentary evidence available on record, the trial Court vide its judgment dated 04-01-2008 passed in Criminal Case No.3031 of 2007 held the applicant guilty and sentenced him for two months RI with a direction to pay compensation of Rs.55,000/- to respondent as per the provisions of Section 357(3) of CrPC. Being aggrieved, the applicant filed an appeal before First Additional Sessions Judge, Gwalior and the same was dismissed by the appellate Court vide its judgment dated 19- 03-2008 passed in CRA No.23 of 2008. Being dissatisfied, the present criminal revision has been preferred at the instance of applicant.

In the memo of revision, it is submitted by applicant that the Court below has not rightly appreciated the evidence came on record. It is the duty of prosecution to satisfy the essential ingredients of Section 138 of NI Act and the

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/3/2023 10:37:01 AM

complainant has utterly failed to prove the same. Therefore, the impugned judgment is unsustainable in the eyes of law. Hence, judgment of conviction and sentence recorded by the trial Court deserves to be set aside.

On perusal of judgments as well as documents available on record, it is apparent that no illegality or perversity has been committed by the trial Court while passing the judgment of conviction and sentence against the applicant. The revision being devoid of substance, is dismissed. As a result, the judgment dated 19-03-2008 passed by First Additional Sessions Judge, Gwalior in Criminal Appeal No. 23 of 2008 is hereby affirmed.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/3/2023 10:37:01 AM