RAKESH KUMAR KHANDELWAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS revision, is directed against the judgment and order dated 27.04.2001, passed by Additional Sessions Judge/Ist Fast Track Court, Nainital in criminal appeal No. 05 of 1999, whereby said court has affirmed the judgment and order dated 08.01.1999, passed by Judicial Magistrate, Haldwani, in criminal complaint case No. 59 of 1995. By said order dated 08.01.1999, the trial court had convicted the petitioner under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to simple imprisonment for a period of one month and further directed him to pay fine of Rs. 5,000/ -.

(2.) HEARD learned counsel for the parties present.

(3.) BRIEF facts of the case are that respondent No. 2 -B.P. Bajaj, filed criminal complaint case No. 59 of 1995, stating that the revisionist Rakesh Kumar Khandelwal, had taken a loan of Rs. 10,000/ - from the complainant - Bharat Finance Ltd. To repay part of said loan, the accused/revisionist Rakesh Kumar Khandelwal, issued cheque No. 340263, dated 13.12.1994, for an amount of Rs. 10,000/ - of Nainital Bank Ltd., Branch Haldwani. Said cheque (Ext. A -1) when presented by the complainant (present respondent no. 2) before the Canara Bank, Haldwani, it was received back by said bank from Nainital Bank Ltd. with the endorsement (Ext. A -5) that there is no sufficient fund in the account No. 328 of the accused/revisionist. On this, complainant sent a notice to the accused/revisionist by post to make the payment within a period of 15 days. However, the accused refused to accept the notice and did not pay the amount, hence the criminal complaint was filed.