YASHWANT SINGH Vs. SHAILENDRA SINGH AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this Criminal Revision under Section 397 of Code of Criminal Procedure against the judgment dated 31.10.2008 passed by the Court of I Additional Sessions Judge Guna in Cr.Appeal No.353 of 2008 affirming the conviction in the judgment dated 6.9.2008 passed by the Court of Chief Judicial Magistrate Guna in Cr.Case No.356 of 2007 convicting the accused under section 138 of Negotiable Instrument Act and sentencing him to undergo rigorous imprisonment for one year and awarding the compensation under Section 357 (3) of the Cr.P.C of Rs.3,00,000/- and modifying the said compensation into Rs.2,10,000/- as awarded by the trial Court, to be paid to the complainant with default stipulation mentioned in the impugned judgment.

(2.) In brief, the facts of the case are that, a complaint under Section 138 of the Negotiable Instrument Act was filed by the respondent/complainant against the petitioner/accused regarding the cheque of Rs.1,50,000/- Ex.P/3 of Gadha Cooperative Bank Branch Hatt Road Guna bearing No.047813 given by him to the complainant which was returned by Madhya Bharat Gramin Bank Branch Cantt vide memo Ex.P/5 without payment on 10.1.2007 as there was no sufficient fund in the account of the petitioner/accused. A demand notice Ex.P/2 was sent by the complainant through his Advocate on 20.1.2007 to the petitioner by registered AD post Ex.P/1 which was received by the accused on 22.1.2007 vide the receipt of acknowledgment Ex.P/4 but in spite of that fact, neither reply of the notice was given by the accused nor the amount of cheque was paid. Therefore the said complaint was filed against the accused.

(3.) Denying the allegation of the complaint, the accused has claimed that he has been falsely implicated in the case owing to the enmity and the cheque was not given to the complainant whereas, it was given to Kalyan Singh who is maternal uncle of the complainant. The said cheque was obtained from Kalyan Singh by the complainant. During trial, the statement of the complainant was recorded. Learned trial Court after recording the evidence and considering the documents placed on record, convicted the accused under Section 138 of Negotiable Instrument Act and sentenced him to undergo one year's RI with compensation of Rs.3,00,000/- to be paid by him to the complainant.