SHIV NARAIN GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Present Criminal Revision is preferred against the judgment and order dtd. 31/8/2010 passed by learned Additional Sessions Judge Court No. 3, Banda in Criminal Appeal No. 14 of 2008 (Laxmi Narain Vs. Shiv Narain Gupta and another), under Sec. 138 of Negotiable Instruments Act,1881 Police Station Kotwali, District-Banda, whereby learned Revisional Court set aside the judgment and order of sentence passed by the learned Civil Judge (S.D.)/ A.C.J.M., Banda in Complaint Case No.31/1/2008 (Shiv Narain Gupta Vs Laxmi Narain) convicting and sentencing the respondent no.2 with rigorous imprisonment for two years and with fine of Rs.2000.00.

(2.) Brief facts of the case are that revisionist instituted a complaint case against the respondent no.2 under Sec. 138 Negotiable Instruments Act, alleging therein that on 17/3/1996 respondents borrowed Rs.40,000.00 from the revisionist and against that amount, he gave a cheque dtd. 20/3/1996 of this amount to the revisionist. The aforesaid cheque was presented for payment in the bank, but it was dishonoured on account of insufficient of the amount in the account of the respondent No.2. Thereafter, a notice dtd. 16/8/1996 was given by the revisionist asking him to repay the amount within fifteen days, but respondent No.2 did not make the payment.

(3.) Learned Trial Court vide order dtd. 23/2/2008 observed that respondent no. 2 has committed offence under Sec. Sec. 138 Negotiable Instruments Act, and after considering the material available on record awarded punishment as aforesaid.