TARACHAND Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has come in revision against the order passed in Criminal Appeal No.71/2012 whereby, the appeal filed by the petitioner against the order of conviction passed by the Court of JMFC in a complaint filed under Section 138 of the Negotiable Instrument Act (for short 'NI Act') was decided in favour of the respondent and the petitioner was convicted under Section 138 of the Nl Act on account of dishonoured the cheque Ex. P/1 and having not paid the amount of necessary cheque despite receipt of notice within 15 days thereof, the petitioner was directed to undergo R.l. for six months as also to pay a sum of Rs.85,000/- as compensation. Appeal filed by the petitioner assailing the order of conviction primarily on the ground that there was no cause of action in filing the petition under Section 138 of the NI Act in favour of the respondent has not been found favour with the appellate court. This aspect has been considered and discussed in paragraphs 6, 7 and 8 of the judgment. Infact, a confusion was sought to be raised regarding issuance of two cheques. This confusion has been cleared by Smt. Kiran Dubey in her examination and cross-examination, both has taken note of the averments made by the said complainant in her examination and cross-examination in para 10 of the judgment. The portion of that paragraph alongwith paragraph 12 and 13 are reproduced herein under :

(2.) I have also perused the record of the case. On perusal of the cheque in question which was dishonoured shows that the said cheque has been issued by the petitioner on 15.10.2005. The cheque has been drawn in very clear words and has been signed twice by the petitioner. The notice has been issued by the complainant within 15 days of the dishonour of the cheque. The aforesaid cheque and the complaint has been filed within limitation after the payment was not made by the petitioner. No infirmity is found in the order of conviction by the Trial Judge or that of the Appellate Court. The revision petition is dismissed. Revision dismissed.