YOGENDRA GUPTA Vs. RENU AGRAWAL

JUDGEMENT

(1.) Petitioner has filed this revision petition under Sections 397 and 401 of Code of Criminal Procedure, 1973 against the order dated 30.7.2009 passed by learned Second Additional Sessions Judge in Criminal Appeal No. 181 of 2009 whereby the sentence of 6 months' imprisonment and payment of Rs. 35,000/- compensation for the offence under Section 138 of Negotiable Instruments Act has been modified to RI for 1 month and fine of Rs. 1,50,000, out of which Rs. 1,30,000 have to be paid as compensation and Rs. 20,000 as fine.

(2.) The brief facts of the case in narrow compass are that the complainant/ respondent Smt. Renu Agrawal has extended the loan facility of Rs. 1,00,000 to the firm Gangaram Bhagwandas which is a partnership firm of which petitioner/accused is partner alongwith Omprakash Gupta. Smt. Indu Gupta and Sint. Mamta Gupta for repayment of said loan amount cheque No. 020333 of Rs. 1,00,000 dated 23.12.2005 was issued by the petitioner/accused to the respondent/complainant.

(3.) The cheque issued by petitioner/accused was returned by the bank alongwith the note that cheque could not be honoured because of "death of partner". Thereafter, the complainant has issued the notice to the petitioner/accused on 5.6.2006. Even after receiving the notice, no amount has been paid despite lapse of notice period, therefore, the complainant has preferred the complaint before the Trial Court.