MANOJ KUMAR Vs. JITENDER JAIN

JUDGEMENT

(1.) This criminal revision petition is filed under Sec. 397 Code Criminal Procedure read with Sec. 401 Code Criminal Procedure against the judgment dated 10.5.2012 of the learned ASJ whereby he dismissed the appeal against the judgment and order on sentence of dated 22.02.2012 and 23.02.2012 of the petitioner under Sec. 138 Neotiable Instruments Act (hereinafter referred to as the Act ).

(2.) The respondent had filed a complaint against the petitioner under Sec. 138 of the Act on account of dishonour of cheque of Rs.2 Lacs given by the petitioner in discharge of his legal liability and on his having failed to make payment despite service of notice under Sec. 138 of the Act. The petitioner was convicted under Sec. 138 of the Act and was sentenced to undergo RI of 4 months with compensation of Rs.3,10,000.00 payable to the complainant. The said judgment and order were carried in appeal before the ASJ who vide the impugned order dismissed the appeal.

(3.) The impugned order as also the judgment and order on sentence have been assailed mainly on the ground that the petitioner had given the cheque of Rs.2 Lacs as a security of the payments of his friend Ashok Kumar to the respondent/complainant. In this regard, it was submitted that Ashok Kumar having paid his dues to the complainant in cash, the petitioner was entitled to be returned the aforesaid cheque by the complainant, which the later instead of returning, presented in the bank. It was submitted that if according to the complainant, the liability of the petitioner was of Rs.2,75,075.00 and out of which Rs.15,075.00 was claimed to have been given by him to the complainant, then why did the complainant accept the cheque of Rs.2 Lacs as against the alleged outstanding amount of Rs.2,60,000.00. In other words, the plea was that since according to the complainant, the outstanding liability of the petitioner was Rs.2,60,000.00, it was improbable that complainant would accept a cheque of Rs.2 Lacs from the petitioner.