MANOJ JAIN Vs. SURINDER KUMAR JAIN AND ORS.

JUDGEMENT

(1.) The Petitioner impugns the judgment and order of conviction dated 25.02.2012/28.02.2012 passed by the Ld. Trial Court in Complaint case no. 36/08/12 whereby the Petitioner was convicted for the offence under Section 138 of Negotiable Instrument Act, 1881 and was sentenced to undergo Simple Imprisonment for a period of one year and to pay a fine, with a default clause, of Rs. 3 lakhs out of which Rs.2.50 lakhs to be paid to the Respondent as compensation or suffer Simple Imprisonment for 2 months, as well as the Appellate Court judgment passed in Criminal Appeal no. 4/2012 on 30.08.2013 which upheld and affirmed the judgment and order of conviction passed by the Trial Court.

(2.) A complaint was filed by Surinder Kumar Jain under Section 138 Negotiable Instruments Act, 1881 against the Petitioner, stating therein, inter alia, that because of old acquaintance, a loan of Rs. 1,50,000/- was given to the Petitioner in October 2006, to be repaid after one year with interest at the rate of 15% per annum.

(3.) The Petitioner issued a cheque of Rs. 1,50,000/- (Ex.CW1/1) towards full and final settlement of the loan amount. The cheque could not be honoured because of "Insufficient Funds". The notice to the Petitioner dated 23.04.2008, was returned with a note that the addressee had "left without address". However, UPC was served on the Petitioner.