- (1.) This criminal revisional application is directed against the judgement and order dated 21.9.2010 passed by the learned Sessions Judge, A & N Islands whereby and whereunder the learned Sessions Judge affirmed the judgement and order passed by the learned Judicial Magistrate First Class, Port Blair in CR Case No. 146 of 2007. The learned Magistrate found that the applicant is guilty for the commission of the offence under section 138 of the Negotiable Instruments Act and convicted him. He was sentenced to pay Rs. 12,01000/-.
(2.) Being aggrieved criminal appeal No. 01 of 2010 and criminal revision No. 08 of 2010 have been filed before the learned Sessions Judge, Port Blair.
(3.) The facts of the case briefly are as follows: The complainant is the proprietor of M/s. GSKP Enterprises, Garacharma, Port Blair deals with the hardware products. The accused person is the Secretary of the Sagar Housing Co-operative Society. The said society is the developer of apartment and other dwelling houses at Port Blair. On the basis of an order placed by the accused Nilay Banerjee on 21.12.2006 the complainant supplied hardware products amounting to Rs. 28,55,412/-. A cheque was issued bearing No. 155630 dated 15.6.2007 for a sum of Rs. 15,00,000/- . On presentation the cheque was dishonoured and was returned with remark Funds insufficient." The said fact was brought to the notice of the accused person. At the request of the accused person, the said cheque was again presented before the Bank for encashment and again the cheque was bounced with remark "funds insufficient".;