KADIR ALAMKHAN HABIBKHAN Vs. ABDUL AJIJ @ BANNEKHAN PATHAN

JUDGEMENT

(1.) By way of present Criminal Revision Application, the applicant has prayed to quash and set aside the order of acquittal dated 30.10.2015 passed in Criminal Appeal No.108 of 2014 by the learned 12th Additional District Judge and further be pleased to confirm the judgment and order dated 22.09.2014 passed in Criminal Case (New) No.41903 of 2007, whereby the respondent No.1 was convicted for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo six months simple imprisonment and fine of Rs.70,000/-, in default, further simple imprisonment of one month. Further, directed to pay compensation of Rs.57,000/- to the complainant, out of fine amount of Rs.70,000/-.

(2.) Brief facts of the case are that the applicant contended that respondent-accused get the money from the present applicant for handy cash on credit sum amount of Rs.1.20 lacs on 21.03.2006. He further submitted that after numbers of request and demand, the respondent-accused gave four cheques of Canara Bank of Baragen Branch being cheque No.359261 dated 10.08.2004 for Rs.12,000/-, No.359262 dated 23.11.2006 for Rs.11,000/-, No.359263 dated 06.01.2007 for Rs.40,000/-and cheque No.359264 dated 17.03.2007 for Rs.57,000/- by that way, respondent-accused repaid the amount of the applicant and gave trust and surety for encash of cheque. He then submitted that out of four cheques, one cheque was presented before the Bank, the same was returned. Thereafter, the respondent-accused gave surety and two cheques would pass thereafter. The present application deposited the last cheque No.359264 for Rs.57,000/- dated 17.03.2007, which was returned on 09.04.2007 with an endorsement of account closed.

(3.) Heard Mr. Sandip Patel, learned advocate for the applicant, Mr. Shushil Shukla, learned advocate for respondent No.1 and Ms.Monali Bhatt, learned Additional Prosecutor for respondent No.2.