ASHOK SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal impugns the Final Judgment and Order dtd. 21/2/2024 in Criminal Revision Petition No.619 of 2020 (hereinafter referred to as the 'Impugned Order') [2024:AHC-LKO:15310] passed by the High Court of Judicature at Allahabad, Lucknow Bench (hereinafter referred to as the 'High Court'), allowing the petition and setting aside the concurrent findings of guilt and conviction recorded against respondent no.2 (hereinafter also referred to as the 'accused') in the Order dtd. 12/4/2019 in Complaint Case No.6650/2012 passed by the Presiding Officer/Additional Court, Room No.5, Lucknow (hereinafter referred to as the 'Trial Court') as later upheld by the Additional Sessions Judge, Court No.1, Lucknow (hereinafter referred to as the 'Appellate Court') vide Order dtd. 23/10/2020 in Criminal Appeal No.148/2019.

(2.) The appellant is the complainant in Complaint Case No.6650/2012. He alleged that he had advanced a loan of Rs.22,00,000.00 (Twenty-Two lakhs) to the respondent no.2 on the assurance that the entire amount will be returned. When the appellant demanded return of the money, the accused issued Cheque No.726716 dtd. 17/3/2010 for an amount of Rs.22,00,000.00 (Twenty-Two lakhs) drawn on the Bank of Baroda. The appellant presented the said cheque for encashment at IDBI Bank, Main Branch, Lucknow. On 7/5/2010, the cheque was dishonoured with the endorsement 'payment stopped by drawer' and the cheque along with receipt was returned. Subsequently, the appellant attempted to contact the accused seeking return of the money but the accused neither met him nor returned the money. The appellant sent a Legal Notice dtd. 18/5/2010 through Registered Post. However, the accused did not reply to the Notice. Hence, a complaint case was registered by the appellant.

(3.) On an appreciation of facts and the evidence presented before it, the Trial Court vide Order dtd. 12/4/2019 found the accused guilty of having committed an offence under Sec. 1382 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act') and sentenced him to one year of simple imprisonment along with fine of Rs.35,00,000.00 (Rupees Thirty-Five Lakhs). In case of default in making the payment of fine, a further sentence of three months' simple imprisonment was directed to be served. It was ordered that a sum of Rs.30,00,000.00 (Rupees Thirty Lakhs) be given to the complainant as compensation. The appeal preferred by the accused was dismissed by the Appellate Court vide Order dtd. 23/10/2020 and the Order of the Trial Court was confirmed.