NEELAM BHARDWAJ Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard.

(2.) This revision is directed against the order dated 15.10.2003, passed by Additional Sessions Judge/Fast Track Court, IIIrd, Dehradun, in Criminal Appeal No. 62 of 2000, whereby said court has affirmed the conviction and sentence recorded by the trial court (Judicial Magistrate, Ist Dehradun), in Criminal Case No. 511 of 2000, under section 138 of Negotiable Instruments Act, 1881, against the accused/revisionist Smt Neelam Bhardwaj.

(3.) Brief facts of the case are that, respondent no.2 Aya Singh Chawla (complainant), filed a criminal complaint before Judicial Magistrate, Dehradun, with the allegations that, towards the financial ability due from the revisionist, she gave two cheques (No. 354466 and 354467) on 06.02.1996, for an amount of Rs. 45,000/- and Rs. 35,000/- to the complainant. On 28.02.1996, said cheques were presented before the bankers, and on the same day the cheques were dishonoured on account of insufficiency of funds. On this complainant Aya Singh Chawla (present respondent No.2) sent a notice on the very day (28.02.1996), which was received by accused/revisionist Smt Neelam Bhardwaj on 08.03.01996. Under clause (c) of section 138 of Negotiable Instruments Act, 1881, the accused/revisionist had a time of fifteen days to make payment of the amount in respect of which cheques were dishonoured. The period of fifteen days expired on 23.03.1996 (23-8=15). Under clause (b) of the section complainant filed criminal complaint within a period of one month thereafter i.e. on 23.04.1996, before the trial court. The case was contested by the accused/revisionist Smt Neelam Bhardwaj. The trial court recorded the evidence, and found that the charge in respect of offence punishable under section 138 of Negotiable Instruments Act, 1881, is fully proved as against the accused, and convicted, and sentenced her accordingly on said count for a period of simple imprisonment of three months, and also directed to pay fine of Rs. 5,000/- out of which Rs. 4,000/- were directed to be paid to the complainant. Aggrieved by said judgment and order dated 23.11.2000, passed by Judicial Magistrate, Ist Dehradun, in Criminal Case no. 511 of 2000, Criminal Appeal No.62 of 2000 was filed by the convict (Neelam Bhardwaj) before the Sessions Judge, Dehradun. The appeal was decided after hearing the parties by Additional Sessions Judge/ IIIrd Fast Track Court, Dehradun, vide its impugned order dated 15.10.2003. Hence this revision.