RAVI KUMAR Vs. PUNAM

JUDGEMENT

(1.) This revision has been filed against the appeal judgment dtd. 17/7/2018 passed by XXI Additional Sessions Judge, Jabalpur in Cr.A. No.187/2017 (Ravi Kumar Vs. Smt. Punam) under Sec. 138 of Negotiable Instruments Act (in short 'the Act'), whereby judgment of conviction and order of sentence dtd. 19/4/2017 passed in Criminal Case No.8981/2013 (Smt. Punam Vs. Ravi Kumar) by Shri Anil Kumar Sahu, JMFC, Jabalpur has been affirmed and the appeal preferred by the applicant/accused has been dismissed.

(2.) In brief the facts of the case as emerged from the record are that respondent/complainant instituted a complaint under Sec. 138 of the Act in the Court of learned JMFC, Jabalpur alleging therein that complainant / respondent Smt. Punam is owner of petrol pump at Benikheda Patan Road, Jabalpur and applicant used to fill petrol and diesel in his vehicle and had purchased petrol and diesel amounting to Rs.2,00,000.00 from respondent and in lieu of that applicant/accused had issued two cheque dtd. 28/3/2013 amounting to Rs.1,00,000.00 - Rs.1,00,000.00. When these were presented in the bank, it stood dishonored. Applicant/accused failed to make the payment despite service of notice within time. Respondent/ complainant filed complaint before the Court of JMFC for commission of offence under Sec. 138 of the Act.

(3.) Learned trial Court on the basis of material produced on record by the parties vide judgment dtd. 19/4/2017 held the applicant/accused guilty for commission of offence under Sec. 138 of the Act and sentenced him to 01 year RI and also directed to pay compensation of Rs.2,72,000.00.