LAXMAN Vs. VIJAY

JUDGEMENT

(1.) Being aggrieved by the judgment dated 18-8-09 passed by IX Additional Sessions Judge, Ujjain in Criminal Appeal No. 277/09, whereby the judgment dated 20-5-09 passed by JMFC, Ujjain in Criminal Case No. 11087/07 whereby the petitioner was convicted for an offence alleged to have been committed under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as "as Act") with imprisonment of one year RI and fine of Rs. 1,20,000/- was maintained, the present petition has been filed.

(2.) Short facts of the case are that the respondent No. 1 filed a complaint against the petitioner under Section 138 of the Act on 4-10-07 alleging that the relationship between the petitioner and respondent No. 1 was cordial. It was alleged that on account of personal need a sum of Rs. 1,15,000/-was lent by the respondent No. 1 to the petitioner. It was alleged that after receipt of the amount petitioner issued a cheque dated 14-8-07 of Vikramaditya Nagrik Sahkari Bank, V.D. Cloth Market, Fajalpura, Ujjain for a sum of Rs. 1,15,000/- in favour of respondent No. 1. It was alleged that at the time of issuance of cheque, respondent No. 1 was assured that upon presentation the cheque will be honoured. It was alleged that the cheque was submitted by the respondent No. 1 for collection on that very day, but the same was returned with an endorsement "insufficient fund"., It was alleged that the notice of demand was issued by the respondent No. 1 on 17-8-07, which was duly served, but in spite of that neither the amount was paid, nor notice was replied. It was alleged that by not making the payment of cheque amount, petitioner has committed an offence which is punishable under Section 138 of the Act. It was prayed that after taking cognizance of the offence, petitioner be convicted.

(3.) After taking cognizance of the offence and after securing presence of the petitioner, learned Trial Court framed the charge against the petitioner and after recording of evidence, petitioner was convicted as stated above. Against which an appeal was filed by the petitioner, which was dismissed, hence this petition.