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TMI Blog2019 (8) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 filed by the respondents and Appeal No. 2700073/2016 filed by the applicant. 2. Facts giving rise to this revision, in short, are that the applicant is a firm and Rahul Agrawal is the partner of that firm deals with the sale and purchase business of Medicine, Dairy Products, Milk, Milk Powder and Ghee. Respondent No. 2 is a Private Limited Company deals with the business of production and selling of milk powder and other products. Respondent No. 1- Gopal Sharma is the director of respondent No. 2. Respondent No. 1 agreed to sale 50 Metric Tones Milk Powder to the applicant and for that applicant paid amount of Rs. 80 Lakhs in advance, but respondent Nos. 1 and 2 neither supplied the milk powder nor returned the money. When applicant pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lculated the compensation @ 9% per annum and fixed Rs. 5376000/- as a compensation and ordered to be paid by the respondents to the applicant/complainant, in default of payment to undergo 6 months R.I. additional. 3. Respondent Nos. 1 and 2 being aggrieved by that conviction and sentence filed an appeal, registered as Criminal Appeal No.2700046/2016 and prayed to set aside the conviction and sentence and prayed for acquittal. Applicant had also filed an appeal being aggrieved by the same judgment dated 15.03.2016 against the respondents, registered as Criminal Appeal No. 2700073/2016 challenging the order of calculation of compensation at the rate of 9% per annum interest and prayed to modify @ 16% per annum instead of 9% per annum. 4. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revision No.624/2017 has been dismissed by this Court on the direction of Supreme Court now there is no need to restore again and provide opportunity to the respondents to agitate that conviction and sentence. 8. After hearing both parties perused the whole previous orders passed by this Court as well as by the Supreme Court in Criminal Appeal No. 1982/2017 (Arising out of SLP (CRL.) No. 8676/2017). 9. Both respondents being aggrieved by the order dated 08.05.2017 of depositing the amount passed by this Court preferred criminal appeal before the Supreme Court, registered as Criminal Appeal No. 1982/2017 (Arising out of SLP (CRL.) No. 8676/2017). Order of the Supreme Court is annexed with this revision. Perused. Hon'ble Supreme Court set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obeying the order of the Supreme Court. On the basis of the forgoing discussion, this Court finds that when the Criminal Revision No. 624/2017 has been dismissed by this Court following the order of the Apex Court meaning thereby that the revision dismissed by the Apex Court vide order dated 17th November, 2017, this Court is not inclined to again restored and entertained the Criminal Revision No. 624/2017. Respondents are free to argue the matter and defend allegations made in this present revision No. 638/2017. In this revision two questions involved that whether the rate of interest @ 9% per annum should be modified to the rate of 16% per annum for calculating the interest on the cheque amount and whether the learned Appellate Court com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pter XVII in the Act in the year 1988 was to enhance the acceptability of cheques in the settlement of liabilities. The drawer of cheque is made liable to prosecution on dishonour of cheque with safeguards to prevent harassment of honest drawers. The Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 to amend the Act was brought in, inter-alia, to simplify the procedure to deal with such matters. The amendment includes provision for service of summons by Speed Post/Courier, summary trial and making the offence compoundable. 7. This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions cheques were issued merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused honour the negotiable instruments." (Emphasis Supplied) 14. While considering the object and conduct of the respondents, this Court finds that respondents No. 1 and 2 in spite of the orders of the learned trial Court, Appellate Court as well as by this Court and also by the Hon'ble Supreme Court, have not paid the cheques amount and flouted the order by putting the technical procedure hurdles and not obeying the order. This conduct shows that the respondents issued the cheques merely as device to fraud the complainant and this dishonored of the cheques caused incredible loss, injuries and inconvenience to the complainant and also reflected the credibility of the business transaction. 15. Considering these facts, this Court is of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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