RAMASRE VISHWAKARMA Vs. AATMARAM DIWAKAR

JUDGEMENT

(1.) In this criminal revision under sec. 397 read with sec. 401 of the Code of Criminal Procecure the applicant/accused has challenged the judgment of conviction and order of sentence passed by the 4th Additional Sessions Judge, Bhopal in Criminal Appeal No.726/2018 on 30/7/2021 whereby he has affirmed the judgment of conviction passed by the Judicial Magistrate First Class, Bhopal against the appilcant for offence under sec. 138 of the Negotiable Instruments Act and order of sentence to undergo R.I. for 6 months and to pay compensation of Rs.1,90,500.00 under sec. 357(3) of Cr.P.C.

(2.) The facts in brief are that applicant/accused and respondent/complainant are familiar with each other. In April, 2015 the wife of applicant, namely, Smt.Radhika Vishwakarma requested respondent to grant loan of Rs.3,51,400.00 to meet out her personal expenses. On the basis of familarity the complainant gave the aforesaid amount to wife of applicant/accused as loan. When the complainant made demand for repayment of loan amount, the applicant/accused gave cheque bearing No.363407 dtd. 6/11/2015 of Central Bank of India amounting to Rs.1,50,000.00 with an assurance that if complainant lodges the said cheque, it will be honourned.

(3.) The respondent/complainant lodged the aforesaid cheque with his banker on 30/11/2015. However, the same was dishonoured on 1/12/2015 with an endorsement "Insufficient balance". Thereafter, the respondent/complaint sent notice dtd. 15/12/2015, but the applicant/accused neither repaid the loan amount nor gave reply to notice. Hence, the respondent/complainant filed complaint under sec. 138 of the Negotiable Instruments Act.