TaxTMI 
TaxTMI 
TaxTMI 
2025 (12) TMI 1377
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....ts Act, 1881, and sentenced to undergo rigorous imprisonment for six months, along with a fine of Rs.1,60,000/-, and in default thereof, further rigorous imprisonment for a period of three months. 2. Vide order dated 25.11.2002, this Court suspended the sentence of the appellant during pendency of the appeal. 3. The present appeal has remained pending for over two decades, during which period the appellant has remained continuously untraceable despite issuance of Court notices, bailable warrants as well as non-bailable warrants. Notices issued to the surety and to the respondent-complainant have also remained unserved. 4. In view of the prolonged non-appearance of the appellant, and to ensure adherence to principles of natural just....
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....itnesses in defence, DW-1 Sh. Jai Pal Verma, DW-2 Sh. Rishabh Jain, and DW-3 Sh. Harish Chand Gupta (the accused himself). 8. PW-1 Sh. Jai Kishan, proprietor of M/s J.K. Iron & Steel Manufacturing Co., deposed that he was engaged in the business of iron and steel and that the accused, Sh. H.C. Gupta, was a regular customer of his firm and bought "conduit pipes" from him. According to PW-1, accounts between the parties were settled on 01.04.1993 for the period ending 31.03.1993, at which time a sum of Rs.40,000/- was outstanding against the accused. On 01.04.1993, a bill for Rs.1,00,380/- was raised, copy whereof was exhibited as Ex. PW-1/A, and the statement of account was exhibited as Ex. PW-1/B. Towards discharge of the outstanding lia....
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....ement, which was held to be inadmissible, and his examination remained deferred. 10. PW-3 Sh. Ashok Kumar, Clerk-cum-Accountant, Oriental Bank of Commerce, Sadar Bazar, deposed that he brought the statement of account bearing No. CC-179 pertaining to M/s J.K. Iron & Steel Manufacturing Co., which was exhibited as Ex. PW-3/A. He stated that the five cheques bearing Nos. 174637 to 174641, were credited in the said account but were returned unpaid from Oriental Bank of Commerce, Wazirpur Branch, with the endorsement "Funds Insufficient". The corresponding return memos were exhibited as Ex. PW-1/H to Ex. PW-1/Q. He further proved the clarification received from the Wazirpur Branch which showed that the accused had a balance of only Rs.241.99....
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....3 Sh. Harish Chand Gupta (accused himself) deposed that he used to make advance payments to the complainant and that the complainant maintained the accounts. He relied upon a statement of account of the year 1991 marked as Mark-X, claiming that the original was taken by the complainant after obtaining his signatures. He stated that the document was in the handwriting of the complainant or his staff. In cross-examination, he denied the suggestion that he had deposed falsely or that Mark-X did not pertain to the complainant. 15. Learned counsel for the appellant has submitted that there were regular transactions with the firm for which he had issued blank cheques to the respondent. Further, he contends that when the appellant was not suppl....
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....e other hand, proved the outstanding liability by producing the bill raised for a sum of Rs.1,00,380/- and the corresponding statement of account, which reflected subsisting dues payable by the appellant. Further, in terms of dishonouring the cheque, the bank witnesses conclusively proved that the cheques were returned unpaid with the remarks "Stop Payment" and that there were insufficient funds in the account of the appellant to honour the cheques. This fact also finds corroboration from the admission made by the appellant in his statement under Section 313 Cr.P.C., wherein he acknowledged having stopped payment and withdrawn the amount from the bank. With respect to the statutory requirements of notice and limitation, the evidence on reco....