SANJEEV CHANANA Vs. SANDEEP CHAUDHARY

JUDGEMENT

(1.) In proceedings under Sec. 138 of Negotiable Instruments Act, 1881 trial court vide judgment of 3/2/2017 has held petitioner guilty for the dishonour of four cheques of Rs.10,00,000.00 each. Vide order of 1/4/2017, trial court has sentenced petitioner to simple imprisonment of one year and fine of Rs.62,50,000.00 with default clause. Out of the fine imposed, amount of Rs.62,00,000.00 is to be paid to respondent-complainant and Rs.50,000.00 is to be deposited in the Prime Minister National Relief Fund.

(2.) Appellate Court vide impugned judgment of 27/4/2018 has upheld petitioner's conviction and sentence. The facts noticed by the Appellate Court in the judgment of 27/4/2018 are as under:-

(3.) According to the respondent, the property was to be handed over to him by 31/5/2008. There was delay in handing over the property and the work was also not complete. Therefore, the parties entered into the MOU dtd. 21/4/2010 Ex. CW1/A. It was agreed that the respondent would pay a sum of Rs.16.00 lacs to the registered owner of the property. This amount was actually to be paid by the appellant to the registered owner. The appellant agreed to pay a sum of Rs.46.00 lacs to the respondent to return the said amount of Rs.16.00 lacs to the respondent, to compensate him towards the interest on the amount of Rs.1.33 crores already paid towards the consideration of the property and on account of the incomplete work. The appellant issued five cheques as detailed at internal page 6 of the MOU. The first cheque bearing no. 165821 dtd. 20/6/2010 was for Rs.6.00lacs. The remaining four cheques all dtd. 30/8/2010 were for Rs.10.00 lacs each.