NARSINGH DAS TAPADIA Vs. GOVERDHAN DAS PARTANI

JUDGEMENT

(1.) Leave granted.

(2.) On proof of charge, the respondent was convicted by the Trial Court under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") and sentenced to undergo simple imprisonment for six months. His appeal was dismissed by the Appellate Court confirming the conviction and sentence passed by the Trial Court. However, in revision, the High Court set aside the judgment of the Trial Court as well as the Appellate Court holding that the complaint filed against the respondent was premature.

(3.) The facts of the case are that the respondent borrowed a sum of Rupees 2,30,000/- from the appellant and issued a post-dated cheque in his favour. When the cheque was presented for demand on 3-10-1994, the same was dishonoured by the bank on 6-10-1994 due to "insufficient funds". The appellant demanded the accused to repay the amount vide his telegrams sent on 7-10-1994 and 17-10-1994. A notice was also issued to the respondent on 19-10-1994 demanding to repay the amount. Despite receipt of the notice on 26th October, 1994, the respondent neither paid the amount nor gave any reply. To prove his case, the complainant/appellant examined three witnesses and proved documents Exhibits P-1 to P-6. In his statement under Section 313 of the Cr. P. C. the respondent denied the allegations but refused to lead any defence evidence. On analysis of the evidence and after hearing the counsel for the parties, the Trial Court concluded as under: