MAHESH Vs. RAMAKANT

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 30/06/2009 passed by VIII ASJ, Indore in criminal appeal No. 173/2009 whereby judgment dated 09/03/2009 passed by JMFC, Indore in criminal case No. 138/2006 whereby the petitioner was convicted for the offence punishable under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as "NI Act") by sentencing him to undergo one year imprisonment with fine of Rs.5,000/-, was maintained, the present revision petition has been filed.

(2.) SHORT facts of the case are that respondent filed a private complaint under Section 138 of NI Act alleging that the petitioner is doing the business in the name and style of M/s Krishna Dugh Dairy. It was alleged that petitioner was in need of money before 6-7 months of issuance of cheque which was given to the petitioner for carrying on his business by the respondent. It is submitted that after settlement of accounts petitioner issued a cheque of Rs. 1,15,997/- on 07/11/2005 of Punjab and Sind Bank, Nanda Nagar, Indore in favour of respondent. It was alleged that the said cheque was deposited by the respondent for collection but the cheque was returned with an endorsement to the effect that account is closed. It was alleged that respondent issued a notice of demand on 22/11/2005 which was duly served but inspite of that cheque amount was not paid and notice was wrongly replied. It was alleged that since the cheque amount has not been paid by the petitioner inspite of notice, therefore, the petitioner has committed an offence punishable under Section 138 of NI Act. It was prayed that after taking cognizance of the offence and also after securing the presence of petitioner, petitioner be convicted.

(3.) LEARNED counsel was further submits that respondent has not disclosed the source from where the amount was paid to the petitioner. It is submitted that respondent has stated that the loan was given in two installments of Rs.60,000/- each. It is submitted that respondent has stated that for payment of the amount loan of Rs.25,000/- was taken by the respondent and a sum of Rs.35,000/- was deposited with the Society which was withdrawn. It is submitted that inspite of asking the relevant documents were not filed by the respondent.