RAJESH KUMAR Vs. NANURAM

JUDGEMENT

(1.) The applicant has preferred the present revision petition under Section 397/401 of the Cr.P.C. against judgment dated 06/02/2019 passed by First Additional Judge to the Court of Second Additional Judge, Jhabua in Criminal Appeal No. 30/2017, wherein the learned Additional Sessions Judge has dismissed the appeal against judgment of conviction and order of sentence passed by Judicial Magistrate First Class, Jhabua in Criminal Case No. 136/2014, vide judgment dated 18/01/2017, by which the applicant has been convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo SI for two months and to pay compensation amount of Rs.6.0 Lacs to the respondent/complainant.

(2.) Briefly stated facts of the case are that the respondent had entered into an agreement for sale of house, for which he has given Rs.9.50 Lacs, to the applicant. Since the agreement was canceled, the respondent demanded the said amount back. The applicant returned Rs.2.0 Lacs to the respondent and for rest of the amount, he has issued two cheques bearing nos. 503970 dated 30/09/2013 and 503969 dated 01/10/2013 amounting to Rs. 2.0 Lacs, and 3.0 Lacs respectively. On presentation of the said cheques by the respondent in his bank account, same were dishonoured with a remark 'account closed1. Thereafter, notice was served upon the applicant for payment of the cheque amount, however, he did not pay the said amount within stipulated period, therefore, on 03/01/2014, the respondent has filed a private complaint against the applicant under Section138 of the Negotiable Instruments Act, 1881 before the Court of Judicial Magistrate First Class, Jhabua, which was registered by the trial Court as Criminal Case No. 136/2014.

(3.) The trial Court read over the particular of offence to the applicant, who abjured his guilt and pleaded for trial, however, he has not examined any witness in his defence, even after taking several opportunities.