BHAGWAT PRASAD PARASHAR Vs. AJENDRA BAIS

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner challenging the judgment of conviction and order of sentence dtd. 29/11/2018 passed by learend Judicial Magistrate First Class Guna, in Criminal Case No.901/2015, whereby the accused-petitioner was convicted and sentenced under Sec. 138 of the Negotiable Instruments Act and to undergo rigorous imprisonment for a period of six months and to pay compensation of 12 lacs and also challenging the judgment dtd. 29/10/2022 passed by Fifth Additional Sessions Judge Guna, vide which appeal filed by petitioner against the judgments dtd. 29/11/2018 was dismissed.

(2.) As per the facts of the case, respondent No.1/complainant had entered into an agreement to sale of land piece bearing survey Number Patwari Halka number 1209/1B total land 19575 sq. ft. with the petitioner and his business partner Chandra Bhan Raghuvanshi wife Hemlata Raghuvanshi. Agreement to sale of land was executed into two parts and consideration of sale was not given in cash by the petitioner and issued a cheque of Rs.35,60,000.00 dtd. 22/3/2013 of the Punjab National Bank. The petitioner/accused had taken back the said cheque and made cash payment of Rs.5,60,000.00 and issued two another cheque of Rs.5.00 Lakhs and Rs.25.00 Lakhs on 24/3/2013. When both the cheques were presented by the complainant in the bank, it got dishonoured because of insufficiency of funds. Thereafter petitioner took back the said dishonoured cheques and issued fresh cheques of SBI Banks amounting to Rs.5.00 Lakhs, 9 Lakhs, 7 Lakhs total Rs.30,00,000.00. On 28/5/2013 and on 6/7/2013 petitioner paid Rs.2.00 Lakhs and Rs.3.00 Lakhs in cash to the complainant and took back the cheque amounting to Rs.5.00 Lakhs. Thereafter petitioner took back three remaining cheques and Rs.14,50,000.00 was paid to the complainant in cash and in regard to remaining amount i.e. Rs.10,50,000.00 two fresh cheques amounting to Rs.2,50,000.00 and Rs.10,00,000.00 were issued. When both the cheques were presented by the complainant in the bank, it also got dishonoured because of insufficiency of funds. A notice was sent by the complainant to the petitioner by registered A.D. On 18/10/2013 but despite that, petitioner had not paid the cheque amount, for which respondent No.1 had filed a complaint for the alleged offence under Sec. 138 of Negotiable Instruments Act against the accused.

(3.) After appreciating the evidence, learned JMFC, Guna, convicted and sentenced the accused-petitioner as stated above . Appeal against the judgment dtd. 29/11/2018 was filed, which was dismissed by learned Fifth Additional Sessions Judge Guna vide judgment dtd. 29/10/2022.