Telangana High Court
Shaik Abdul Mazid vs M/S. Godavari Fertilizers ... on 3 February, 2023
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CRIMINAL REVISION CASE No.1280 of 2009
ORDER:
This Criminal Revision Case is filed against the Judgment
and decree passed by the learned III-Additional Metropolitan
Sessions Judge, Hyderabad in Crl.A.No.96 of 2009 dated
27.07.2009 in confirming the Judgment and decree passed by
the learned X-Additional Chief Metropolitan Magistrate at
Secunderabad in C.C.No.684 of 2004 dated 23.03.2009.
2. Today when the matter came up for hearing, there is no
representation on behalf of the learned Counsel for the revision
petitioner and he did not evince any interest in continuing the
revision. Perusal of the record shows that plaintiff gave
complaint against accused under Section 138 of Negotiable
Instruments Act stating that accused is the Proprietor and
owner of M/s. Sri Salamath Rythu Centre at Udayagiri and he
was appointed as dealer of the complainant company to sell
fertilizer products. The accused used to make purchases by
placing orders from time to time under various invoices on
credit basis. When he asked to clear the outstanding dues on
31.10.2003, he executed an undertaking that he will pay
demand amount in installments and he also issued two cheques
one dated 13.05.2004 for Rs.28,37,726/- and another dated
18.05.2004 for Rs.20,00,000/- and both cheques were drawn by
him at Andhra Bank, Stonehousepet Branch, Nellore. When
they were present, the same were dishonored with an
endorsement "Insufficient Funds", as such statutory notice was
issued but the accused did not responded, as such complainant
filed complaint under Section 138 of N.I Act.
3. Complainant was examined as P.W.1. He also examined
another witness P.W.2 and marked Exs.P1 to P21 on his behalf.
Accused did not examine anyone on his behalf.
4. The trial Court considering the evidence on record, found
accused guilty for the offence under Section 138 of N.I Act and
also convicted under Section 255(2) of Cr.P.C and sentenced to
undergo Simple Imprisonment for a period of six months and
also to pay a fine of Rs.5,000/- and in default of payment of fine
amount, he has to suffer S.I for a period of 15 days. Against
which the accused preferred an appeal, but the appellate Court
by Judgment dated 27.07.2009 dismissed the same confirming
the Judgment of the trial Court. Aggrieved by the same, the
present Criminal Revision Case is preferred.
5. The appellant mainly contended that complaint is not
maintainable as the General Power of Attorney Holder is not
competent to prosecute the case. The Ex.P6 i.e, Statement of
Account is a computer generated copy admissible in evidence
and hit by Section 34 of the Indian Evidence Act. There is no
evidence on record to show that it was legally enforceable debt.
He further stated that Ex.P6 is not maintainable during the
regular course of business. Ex.P9 and Ex.P13 Cheques were
tampered and thus hit by Section 87 of the N.I Act. There is a
material alternation in the account, as such they are
invalidated. The evidence of P.W.2 cannot be relied upon as his
evidence was brought into existence to fill up the lacunae. He
also stated there is no evidence that Murugappa Group of
Companies are taken over by the Godavari Fertilizers and
Chemicals Ltd., and there is no proper service of notice as
contemplated under Section 138 of N.I Act and requested the
Court to set aside the Judgment of the trial Court, but the
appellate Court considering all aspects confirmed the Judgment
of the trial Court.
6. This Court finds no infirmity in the Judgment of the
appellate Court in Crl.A.No.96 of 2009 dated 27.07.2009,
confirming the Judgment of the trial Court in C.C.No.684 of
2004 dated 23.03.2009 and thus the present Criminal Revision
Case is devoid of merits and is dismissed.
Miscellaneous petitions pending, if any, shall stand
closed.
_________________________
JUSTICE P.SREE SUDHA
DATED: 03.02.2023
tri
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CRIMINAL REVISION CASE No. 1280 of 2009
DATED: 03.02.2023
TRI
