RAHUL SUDHAKAR ANANTWAR Vs. SHIVKUMAR KANHIYALAL SHRIVASTAV

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of judgment and order 05.09.2018 in Criminal Appeal NO.140 of 2017 passed by the High Court of Judicature at Bombay, Nagpur Bench, in and by which the High Court has reversed the acquittal of the appellant under Section 138 of the Negotiable Instruments Act, 1881 and convicted him under Section 138 of the said Act and imposed a fine of Rs.5,00,000/- (Rupees Five Lakhs) and also costs of Rs.20,000/- (Rupees Twenty Thousand) total Rs.5,20,000/- (Rupees Five Lakhs Twenty Thousand)

(3.) Brief facts while led to filing of this appeal by way of special leave petition is as under. The appellant-accused and the respondent-complainant entered into an Agreement of Sale dated 28.02.2012 as per which the appellant-accused agreed to sell the property, registered owner of which is the mother of the appellant, in favour of the respondent-complainant. The parties have agreed that the sale consideration of the said property would be Rs.25,00,000/- (Rupees Twenty Five Lakhs) and the respondent-complainant has paid an advance of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand) under the said Agreement dated 28.02.2012. Due to certain circumstances, the Agreement, as agreed by the parties, could not be fructified. The appellant-accused had issued a cheque from the account of a firm named Synergy and Solution Incorporation of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand) in order to refund the earnest money to the respondent-complainant. When the said cheque was presented for clearance by the respondentcomplainant the same was returned with the endorsement "Account Closed". After issuing the legal Notice dated 23.08.2013, the respondent-complainant filed a complaint against the appellant under Section 138 of the N.I. Act.