IFTIKHAR ALAM Vs. NAVED HUSSAIN KIDWAI

JUDGEMENT

(1.) This is a revision petition against the judgment and order dated 26.11.2011 of ASJ, Saket whereby the appeal against the impugned judgment and order on sentence dated 05.05.2011 and 18.05.2011 of MM in CC No. 831/2010 was dismissed. The Ld. MM convicted and sentenced the petitioner to undergo imprisonment for a period of six months and to pay compensation of Rs. 1,25,000/ - to the respondent was rejected.

(2.) The respondent filed a complaint under Sec. 138 N.I. Act against the petitioner alleging that in front of other family members, the petitioner was given friendly loan of Rs. 1,25,000/ - with the assurance that the same was to be returned by the petitioner to him within a period of 2 or 3 months. The said sum of Rs. 1,25,000/ - was paid in three parts, by way of two cheques of Rs. 50,000/ - each and one cheque of Rs. 25,000/ - . In part discharge of the said debt, the petitioner issued a cheque of Rs. 1,00,000/ - dated 27.07.2004 drawn on ICICI Bank which on presentation got dishonoured with the remarks ''payment stopped '' by the drawer. The respondent served a demand notice dated 28.07.2007 on the petitioner. Since the petitioner did not make the payment in discharge of his liability of debt despite notice, the respondent filed complaint against him before the Court of MM. The defence of the petitioner before the MM was that he had given Rs. 1,25,000/ - to the complainant for arranging job for his son. Since the respondent/complainant failed to arrange job for his son, the money was returned by him by way of the three cheques. Later on in July 2007 Nadeem and Sohrab demanded a sum of Rs. 1,25,000/ - from him for getting the job for his son. He issued the three cheques in question in favour of the respondent/complainant. After suspecting foul play on the part of the complainant, he got the payment stopped. Learned MM dealt with this defence of the petitioner in the following manner:

(3.) The learned MM recorded conviction of the petitioner under Sec. 138 N.I. Act and sentenced him to six months Simple Imprisonment with compensation of Rs. 1,25,000/ - to be paid to the complainant. In the appeal the judgment and order of the MM was maintained by the ASJ.