RUPABHAI AKHMABHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is filed by the applicant-original accused challenging the judgment and order passed by the learned Judicial Magistrate First Class, Thasra in Criminal Case No. 982 of 2009 dtd. 26/11/2014 whereby, the applicant-original accused was convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I.Act") and was ordered to undergo the sentence of simple imprisonment of two years and was ordered to pay compensation of Rs.1,38,000.00 within a period of three months from the date of the order.

(2.) The applicant has also challenged the judgment and order passed by the learned appellate court in Criminal Appeal No. 95 of 2014 dtd. 6/4/2015 confirming the judgment and order of conviction passed by the learned trial court.

(3.) It is the case of the complainant that complainant is serving at Vanakbori Thermal Power Station, Taluka:Thasra and the accused is also serving at the Thermal Power Station, therefore, they were known to each other. The applicant was in need of money, therefore, the complainant lent the amount of Rs.1,38,000.00 on 2/3/2024. On the same day the applicant has given the cheque bearing no.142427 dtd. 6/9/2009 in favour of the complainant with an assurance that on depositing the said cheque the amount would be credited in the account of the complainant. On depositing the cheque, it was dishonoured with an endorsement of "funds insufficient" on 24/10/2009 and therefore, after folowing the procedure under the N.I.Act, the private complaint came to be filed before the learned competent court.