SANDEEP REHANI Vs. STATE & ANR

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks setting aside of the order of conviction dated 31st July, 2018 passed by the learned Trial Court in C.C. No.466367/2016, holding the petitioner guilty under Section 138 of the Negotiable Instruments Act and sentencing him to undergo six months simple imprisonment with a further direction to pay a fine of Rs.25,00,000/- as compensation to the complainant/respondent no.2. In default of payment of fine, the petitioner was ordered to undergo simple imprisonment for a further period of six months. The petitioner also impugns the order dated 14th November, 2018 passed by the learned Appellate Court, dismissing his appeal, thereby upholding the orders of conviction and sentence passed by the learned Trial Court.

(2.) Learned counsel for the petitioner submits that the petitioner had approached the respondent no.2 in December, 2014 with one of his old clients, namely, Shri Darshan Shorie for some legal advice whereafter the parties started negotiating regarding purchase of a property. He submits that in these circumstances, the petitioner had given two cheques to the respondent no.2, for a total sum of Rs.25,00,000/- lakhs only as advance for purchase of property but since the said property deal did not materialize, the cheques were to be returned back to him by respondent no.2. He states that since the respondent no.2 did not return back the same to him, the petitioner was compelled to give instructions to his bank not to honour the cheques in favour of the respondent no.2 and accordingly the cheques upon presentation, were returned unpaid with the remarks "payment stopped by drawer".

(3.) Upon dishonour of the two cheques, the respondent no.2 filed a complaint under Section 138 of the Negotiable Instruments Act before the learned Trial Court and the same was registered as C.C. No.466367/2016. The learned Trial Court after considering the evidence brought on record under its impugned judgment dated dated 31st July, 2018, convicted the petitioner u/s 138 NI Act and sentenced him to undergo simple imprisonment for a period of six months with a further direction to pay a fine of Rs. 25,00,000/- as compensation to the complainant/respondent no.2.