GAJANAND BURANGE Vs. LAXMI CHAND GOYAL

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises from a judgment dtd. 28/11/2018 of a Single Judge of the High Court of Chhattisgarh reversing the acquittal of the appellant for an offence punishable under Sec. 138 of the Negotiable Instruments Act 1881("NI Act").

(3.) The facts lie on a narrow compass. On 7/11/2005, a notice was addressed by the respondent to the appellant alleging that the appellant had taken a cash loan of Rs.2.5 lakhs and had furnished a cheque dtd. 28/10/2005 towards repayment. The notice alleged that the cheque was returned by the bank to the respondent due to insufficiency of funds in the account of the appellant. The notice dtd. 7/11/2005 was received by the appellant on 8/11/2005. The respondent instituted a complaint against the appellant under Sec. 138 of the NI Act on 22/11/2005. On 1/2/2011, the trial court acquitted the appellant. The order of acquittal was questioned before the High Court in appeal. By a judgment dtd. 28/11/2018, the High Court has allowed the appeal and convicted the appellant for an offence punishable under Sec. 138 of the NI Act awarding a sentence of a fine in the amount of Rs.3.00 lakhs.