SURRENDER KUMAR MEHRA Vs. STATE

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 and 401 of Cr.P.C, 1973 for setting aside the order passed by the Appellate Court vide order dated 17.09.2015 in Crl.Appeal No.08/2015 upholding the order passed by the Trial Court vide order dated 11.03.2015.

(2.) The brief facts of the case are that a complaint case No.33/1/12 was filed by the respondent No.2 before the Trial Court on the ground that he had advanced a friendly loan of Rs.5 lakhs to the petitioner in two installments viz. one amounting to Rs.3 lakhs on 12.11.2008 and other amounting to Rs.2 lakhs in January, 2009. The loan was to be repaid within a period of six months from the date of advancement of loan. After expiry of the said period, the petitioner tendered a cheque bearing No.146362 dated 15.09.2009 for an amount of Rs.5 lakhs, Ex CW1/1, which on presentment on 16.11.2009, was dishonoured with the remarks "Insufficient Funds" vide return memo dated 16.11.2009 Ex.CW1/2. Subsequently, at the request of the petitioner, the cheque was again presented, but it was again dishonoured with the same remarks on 23.12.2009 vide cheque returning memo Ex.CW1/3. Thus, the respondent No.2 issued legal notice dated 29.12.2009 Ex.CW1/4, which was duly served upon the petitioner.

(3.) The Trial Court after following due process of law, convicted the petitioner under Section 138 N.I. Act, 1881 and sentenced the petitioner to pay compensation of Rs.5,50,000/ - to the respondent No.2 and in default to undergo imprisonment for one year vide impugned judgment dated 11.03.2015 and order on sentence dated 25.03.2015. Feeling aggrieved, the petitioner filed an appeal which was also dismissed vide order dated 17.09.2015 wherein the order dated 23.03.2015 was modified to the extent that the petitioner was directed to pay compensation of Rs.6 lakhs within one month from the date of the order and in default to undergo 18 months' imprisonment. Hence, the present petition.