SANJAY GUPTA Vs. STATE

JUDGEMENT

(1.) The present revision petition under Sec. 401 read with Sec. 482 Cr.P.C. has been filed by the revisionist with the following prayers:

(2.) Briefly stated, the facts of the case are that the respondent no. 2 filed a complaint under Sec. 138 NI Act against the revisionist stating that on 15/12/2016, the revisionist had taken a friendly loan of Rs.4,80,000.00 from the respondent for a period of one month. The revisionist issued the cheque bearing No. 000176 dtd. 13/2/2017 drawn on Kotak Mahindra Bank for a sum of Rs.4,80,000.00 in favour of the respondent. The said cheque was presented for encashment by the respondent which was returned by the banker with remark "fund insufficient." Thereafter, the respondent issued legal notice dtd. 20/2/2017 calling upon the revisionist to make payment of the cheque amount within 15 days of the receipt of the legal notice. However, the payment of the cheque in question was not made by the revisionist within the stipulated period which resulted in the filing of the complaint case No. 2618/2017 under Sec. 138 of NI Act.

(3.) Vide judgment dtd. 29/7/2019, the Ld. MM convicted the revisionist under Sec. 138 NI Act and vide order on sentence dtd. 9/9/2019, the revisionist was sentenced to simple imprisonment for 3 months and fine of Rs.7.00 Lakh to be paid completely as compensation to the respondent. The revisionist challenged this judgment and order on sentence, by filing criminal appeal No. 525/2019 before the Ld. ASJ and the Ld. ASJ vide impugned judgment dtd. 26/3/2021 disposed of the appeal filed by the revisionist and modified the sentence to the extent that a fine of Rs.7,00,000.00 shall be paid as compensation to the respondent No. 2 and if the fine of Rs.7,00,000.00 is not paid within 4 weeks, the revisionist shall undergo simple imprisonment for three months. This judgment dtd. 26/3/2021 passed by the Ld. ASJ is under challenge in the present revision petition.