NILESH KUMAR LUKAND Vs. NIRMAL BARDIYA

JUDGEMENT

(1.) By this criminal revision applicant has challenged the legality and propriety of the judgment dated 29-9-2008 passed by the Additional Sessions Judge (FTC) Dhamtari, in Criminal Appeal No. 33/2007 affirming the judgment of conviction of applicant under Section 138 of the Negotiable Instrument Act, 1881 (in short "the Act of 1881") and setting aside the sentence of imprisonment of 3 months by maintaining the sentence of fine of Rs. 10,000/- by Judicial Magistrate First Class, Dhamtari vide judgment dated 5-12-2007 in Criminal Case No. 264/06.

(2.) Judgment is impugned on the ground that both the Courts below has not considered the question of law involved in the present case is that the applicant have been convicted and sentenced for the offence which he has not committed.

(3.) Brief facts necessary for disposal of this criminal revision as per complaint of the respondent present applicant has issued cheque No. 053208 on 4-5-01 in discharge of liability of Rs. 75,000/- in favour of the respondent same was presented before Bank which was dishonoured the cheque then applicant was served with the notice relating to cheque No. 053208. On failing to make the payment so demanded, the respondent has filed the complaint under Section 138 of the Act of l881.