ASHIK HUSSAIN Vs. KAMAL

JUDGEMENT

(1.) The applicant/accused has preferred the present revision petition under Section 397/401 of the Cr.P.C. against judgment dated 08/04/2019 passed by Second Additional Sessions Judge, Indore in Criminal Appeal No. 372/2016, whereby the judgment passed by the Judicial Magistrate First Class, Indore in Criminal Case No. 10056/2013 has been upheld, by which the applicant has been convicted for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo 6 months RI and to pay compensation amount of Rs.3.90 Lacs to the complainant/respondent under Section 357(3) of the Cr.P.C.

(2.) Briefly stated facts of the case are that the respondent/complainant Kamal filed a private complaint against the applicant/accused alleging that he advanced a loan amount of Rs. 3.0 Lacs to the applicant for his personal need. For repayment of the aforesaid amount, the applicant had issued cheque No. 005647 dt. 15/01/2013 amounting to Rs.3.0 Lacs. When this cheque was presented by the respondent in his bank account for encashment the same got dishonoured with the remark 'insufficient fund', then respondent/complainant gave statutory notice to the applicant for payment of the cheque amount but even after service of the notice, the applicant did not pay the said amount within stipulated time period.

(3.) On the basis of the aforesaid complaint, the trial Court has taken cognizance against the applicant for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 . After appearing the applicant/accused particular of offence was read over to the applicant and he abjured his guilt and pleaded for trial. He took a defence that when he was going from Noorani Nagar to Chandan Nagar, his cheque book was lost and he reported the missing of his cheque book to the Police-Station-Chandan Nagar, Indore but the respondent by misusing the aforesaid cheque book falsely implicated the applicant in the present crime.