ISTAQ SHAH Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code1) is directed against judgment dated 06/12/2019 passed by Additional Sessions Judge, Khategaon, District Dewas in Cr. A. No.294/2018, affirming the conviction and sentence of the applicant passed by the Judicial Magistrate First Class, Khategaon, District Dewas vide judgment dated 07/09/2018 in Cr. Case No.SCNIA-23/2017, by which the applicant has been convicted under Section 138 of Negotiable Instruments Act, 1881 (for brevity 'the Act') and sentenced to undergo 1 year S.I, besides the order of compensation of Rs. 1,00,000/- with usual default stipulation.

(2.) Brief facts of the case are that the complainant/respondent a resident of Satwas, District Dewas, was running a provision shop for his livelihood. Applicant-Istaq Shah was personally known to complainant and in order to meet his personal expenses applicant took cash loan time to time amounting to Rs.90,000/-. On being demanded by the complainant/respondent, the applicant repaid the loan amount by a cheque bearing No.034353 dated 23/05/2017 for Rs.90,000/-drawn at Bank of India, Satwas branch in favour of thecomplainant/respondent. The cheque was presented by the complainant/respondent in his bank account for encashment, however, the same was returned back on 02/06/2017 with remarks of "in-sufficient funds" in the account. The respondent/complainant served notice through his counsel to the applicant on 14/06/2017 however, due to typographical error the date of advancement of loan has been typed as 20/06/2017 and cheque return date has been erroneously typed as 23/06/2017. Therefore, the applicant issued fresh notice to the applicant on 23/06/2017, within the prescribed period of 1 month and the same was received by the applicant, however, the applicant neither replied the notice nor repaid the cheque amount. Therefore, on 25/07/2017 the complainant/respondent filed a complaint against the applicant for offence under Section 138 of 'The Act1, which has been registered by Judicial Magistrate First Class, Khategaon, District Dewas.

(3.) The learned trial Court, on the basis of evidence adduced before it, found the applicant guilty for offence under Section 138 of'the Act' and sentenced him to undergo 1 year S.I. Apart this the applicant was directed to pay Rs. 1,00,000/- as compensation with usual default stipulation. An appeal was filed against the impugned judgment, which was dismissed vide judgment dated 06/12/2019. This judgment is under challenge in the present revision petition.