MANOJ JAIN Vs. ANAND 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. 11/08/12 whereby the Petitioner was convicted for the offence under Section 138 of Negotiable Instruments 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. 5/2012 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 Anand 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. 1,80,000/- was given to the Petitioner in December 2006, to be repaid after one year with interest at the rate of 18% per annum.

(3.) The Petitioner issued a cheque of Rs. 1,80,000/- (Ex.CW1/1) towards full and final settlement of the loan amount. Upon presentment the cheque was not honoured and was returned back with remarks "Payment stopped by drawer" (Ex.CW1/2). The notice to the Petitioner dated 15.07.2008, was also returned with a note "No delivery. Return back". However, UPC was served on the Petitioner.