MEEL BAI Vs. RAMESHVAR PRASAD CHAUHAN

JUDGEMENT

(1.) The complainant/non-applicant Rasmeshvar Prasad Chauhan filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called as 'N.I. Act'), stating interalia that on 30/06/2009 and 15/12/2009 towards the existing liability, the applicant/accused- Smt. Meel Bai issued two cheques amounting to Rs.2,50,000/- to the complainant, which was dishonoured on account of insufficient fund in her account. After serving legal notice, when the amount was not repaid, the complaint was filed for commission of offence punishable under Section 138 of the N.I. Act, in which, present applicant- Smt. Meel Bai abjured her guilt by pleading that she has falsely been implicated in the case and entered into defence.

(2.) In order to prove the offence, the complainant/nonapplicant examined himself as PW-1 and brought five documents on record, whereas, the defence examined two witnesses and brought no document on record.

(3.) After considering contentions of the parties and evidence available on record, the Judicial Magistrate First Class, Bilaspur, C.G. by its judgment dated 24/03/2012, convicted the accused/applicant- Smt. Meel Bai for the offence punishable under Section 138 of the N.I. Act and sentenced her to undergo simple imprisonment for one year and also awarded compensation of Rs.2,50,000/- under Section 357(3) of the Cr.P.C. in default of payment of compensation amount to further undergo simple imprisonment for three months.