GYANCHAND GUPTA Vs. PRAMOD KUMAR GUPTA

JUDGEMENT

(1.) This criminal revision under sec. 397/401 of Cr.P.C. has been filed by the applicant against the judgment of conviction dtd. 23/11/2021 passed by 9th Additional Sessions Judge, Satna in Criminal Appeal No.36/2020 whereby the applicant has been convicted for an offence under sec. 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for 6 months and he has been directed to pay compensation under sec. 357(3) Cr.P.C. of Rs.3,88,108.00 as also to pay cost of Rs.28,000.00.

(2.) Facts of the case, in brief, the applicant being in need of money for his domestic necessities approached the respondent for providing financial assistance to the tune of Rs.2,50,000.00. In lieu of financial assistance, he offered the respondent that he would be mortgaging his house for 5 months by executing the mortgage deed dt. 10/7/2013 and giving the cheque worth Rs.2,50,000.00 of Dena Bank, Branch Satna. It was agreed that if the applicant would not be able to repay the amount of Rs.2,50,000.00, then complainant was free to lodge the cheque with its Banker. Till 31/12/2013 the applicant could not repay the amount, and accordingly, complainant asked the applicant for repayment of cheque amount. Upon which, applicant informned the complainant that he has sufficient balance in his bank account, therefore, asked him to lodge the cheque for encashment. On 7/1/2014, the complainant lodged the cheque in question which was dishonoured on account of insufficiency of funds. The complainant sent a notice dtd. 4/2/2014 for repayment, but of no avail. Therefore, the complainant lodged a complaint under sec. 138 of the Negotiable Instruments Act, 1881, which was registered as Criminal Case No.2510/2014.

(3.) The learned trial Court vide judgment dtd. 24/3/2014 found the applicant guilty for having committed the offence and convicted him under sec. 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for 6 months and directed to pay compensation amount of Rs.3,88,108.00 with cost of Rs.28,000.00 u/s 359 of Cr.P.C.