SURENDRASINGH TOMAR Vs. SHANKAR JOSHI

JUDGEMENT

(1.) THIS revision petition, has been filed by the applicant against judgment dated 5-9-2002 passed by II ASJ, Ujjain, in Criminal Appeal No. 79/2002, arising out of order dated 9-5-2002 passed in Case No. 1869/2002, by Chief Judicial Magistrate, Ujjain, thereby convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act (for short, "the Act") and sentencing him 3 months' RI with fine of Rs. 3000/- and compensation Rs. 20000/ -.

(2.) THE case of the prosecution before the Trial Court was that complainant/non-applicant No. 1 has filed criminal complaint against applicant on the ground that as the relations were cordial between the parties and as the applicant was in need of funds, on the assurance of return the same, complainant/non-applicant Shankar Joshi gave him total Rs. 32,478. 40. On reminder, applicant issued 2 cheques dated 23-10-91 bearing No. 278528 and 278533 drawn on State Bank of India, Sarafa Branch, Ujjain amounting to Rs. 10,200/- and Rs. 12,800/- respectively, but on presenting the cheques for encashment in the bank the same were returned with the endorsement of insufficiency of funds in A/c No. 1/27. The cheques were returned on 1-11-1991.

(3.) IT is, further, alleged that the applicant issued cheque No. 278549, dated 1-11-91 amounting to Rs. 10,000/- in favour of the non-applicant towards repayment of the aforesaid amount but the cheque was again returned on 4-1-92 because of exceeding payment in that account. The amount is also showing over draft beyond the prescribed limit. Therefore, non-applicant issued notice dated 13-1-92 which was returned with an endorsement "refused to accept notice". Again, on 14-1-92 intimation was sent to the applicant but the same was also returned. Since within 15 days from 14-1-92 payment was not made by the applicant, complaint was filed within limitation. Learned Trial Court held the applicant guilty for the aforesaid offence and sentenced him as indicated above.