AMARNATH BANERJEE Vs. RAVINDRA SINGH BEDI

JUDGEMENT

(1.) Present revision arises out of impugned judgment of conviction and order of sentence dated 15.09.2011 passed by the Fifth Additional Sessions Judge, Raipur in Cr.A. No. 105/2011, whereby the learned appellate court below has confirmed the conviction and sentence of the accused/applicant as awarded by the learned Judicial Magistrate First Class. Raipur in Complaint Case No. 1423/2007 vide its judgment dated 30.06.2011 convicting him under Section 138 of the Negotiable Instrument Act and sentenced him to undergo SI for six months with compensation of Rs. 50,000/- within one month.

(2.) Brief facts of the case are that respondent No.1 filed a criminal complaint against the applicant for the offence under Section 138 of the Negotiable Instrument Act on the ground that he had given a loan of Rs. 50,000/- and in lieu of the aforesaid loan the applicant had handed over the cheque of Rs. 50,000/- dated 11.10.06 to the complainant (respondent No.1). It is alleged that when the complainant presented the cheque for encashment on 12.10.06, it was returned with an endorsement that account of the applicant has been closed. The complainant issued notice to the applicant which was refused by the applicant and ultimately within a statutory period the complainant (respondent No.1) filed a complaint case against the applicant before the trial court.

(3.) So as to prove the guilt of the accused, prosecution has examined as many as three witnesses. Statement of the accused was also recorded under Section 313 Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.