DHEERAJ KUMAR JAIN Vs. MAHAVEER TATER

JUDGEMENT

(1.) The present Criminal Revision filed by the applicant under Sec. 397 and 401 of the Cr.P.C. against the judgment dtd. 28/1/2019 passed by the First Additional Sessions Judge, Balod in Criminal Appeal No.29/2018 whereby the appeal filed by the applicant against the judgment of conviction and sentence dtd. 14/8/2018 passed by the Judicial Magistrate First Class Dondilohara, District Balod in Complaint Case No.129/2018 has been partly allowed.

(2.) The learned trial Court has convicted the applicant under Sec. 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act') and sentenced with fine of Rs.6,00,000.00, in default of payment of fine the applicant was directed to undergo simple imprisonment for four months. It was also directed by the learned trial Court that out of Rs.6,00,000.00, Rs.5,80,000.00 shall be paid to the complainant as compensation. In the appeal filed by the applicant before the learned First Additional Sessions Judge, Balod while maintaining the conviction of the appellant/applicant for the offence under Sec. 138 of the N.I. Act the payment of fine was set aside, however, the amount of cheque, i.e., Rs.5,80,000.00 was ordered to be paid to the complainant by the appellant/applicant within two months, failing which the applicant/appellant was directed to undergo additional simple imprisonment for four months and appeal was partly allowed, which is under challenge in the present criminal revision.

(3.) The brief facts of the case, are that on 21/5/2018 the complainant filed a complaint case under Sec. 138 of the N.I. Act against the applicant with allegation that the complainant and the accused/applicant are well acquainted with each other and on 5/10/2016 the accused had taken loan of Rs.5,80,000.00 cash from the complainant and an agreement was executed between them with respect to its repayment. In lieu of repayment of the borrowed amount the accused/applicant gave a cheque No.322735 dtd. 30/12/2017 for Rs.5,80,000.00 which was of State Bank of India Branch Dondilohara. When the complaint deposited the said cheque in his bank account for its clearance on 16/3/2018, the same was dishonoured by the payee bank on the ground of fund insufficient in the bank account of the accused which was informed by the bank on 21/3/2018. The complainant issued a legal demand notice on 19/4/2018 which was served upon the accused/applicant on 23/4/2018, but the accused had failed to repay the amount of cheque and has not replied the legal demand notice. Thereafter, the complaint case was filed by the complainant.