RAMBHOOL SINGH Vs. STATE & ANR

JUDGEMENT

(1.) The present revision petition has been filed under Section 401 of the Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) against judgment dated 19.08.2015 passed by the learned Additional Sessions Judge whereby the conviction and sentence of the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act) was upheld. Vide judgment dated 26.02.2015 passed by the learned Metropolitan Magistrate the petitioner was convicted for offence under Section 138 of the N.I. Act and vide order on sentence dated 25.03.2015, he was sentenced to undergo simple imprisonment for six months and to pay the compensation of Rs.4 lakhs to the complainant. In default of payment of compensation, the petitioner shall further undergo simple imprisonment for six months.

(2.) The facts in brief are that a complaint was filed by the complainant/respondent no.2 against the accused/petitioner with the allegations that they were having family relations. The petitioner asked the respondent no.2 for a friendly loan of Rs.3,45,000/-. The respondent no.2 advanced the loan in two installments of Rs.1,00,000/- and Rs.2,45,000/- in the presence of witnesses Satender Kumar and Jitender Kumar on 21.12.2004 and 25.02.2005. The petitioner signed a promissory note for a sum of Rs.3,45,000/- and promised to return the loan amount till 21.05.2005. To repay the loan amount, the petitioner issued a cheque bearing No.739923 dated 01.02.2006 for a sum of Rs.3,45,000/-. When the said cheque was presented for encashment, the same was dishonoured with the remarks "funds insufficient". The respondent no.2 sent a legal notice dated 19.06.2006 to the petitioner, but the petitioner did not make the payment. Hence, the complaint was filed.

(3.) The complainant/respondent no.2 examined herself to prove her case. The complainant was cross-examined by the petitioner. The Trial Court vide judgment dated 26.02.2015 convicted the petitioner and passed the order on sentence on 25.03.2015. Thereafter, the petitioner filed an appeal which was dismissed by the Court below vide judgment dated 19.08.2015. Feeling aggrieved of the orders passed by the Courts below, the present revision petition has been preferred by the petitioner.