SURENDRA AGRAWAL Vs. SHER NAGRIK SAKH SAHKARI

JUDGEMENT

(1.) This revision petition under Sec. 397/401 of Cr.P.C. has been filed challenging the appeal judgment dtd. 14/6/2022 (Annexure-A/2) passed by XXI Sessions Judge, Jabalpur in Criminal Appeal No.328/2019 (Surendra Agrawal v. Sher Nagrik Sakh Sahkari Samiti Maryadit, Jabalpur) whereby learned appellate Court has partly affirmed the judgment of conviction under Sec. 138 of Negotiable Instruments Act, 1881 passed in Criminal Complaint No. SC NIA-20310/2013 (Sher Nagrik Sakh Sahkari Samiti Maryadit, Jabalpur v. Surendra Agrawal), but has reduced the sentence by modifying it from one year R.I. (as awarded by learned J.M.F.C.) to a period of 30 days R.I., but has affirmed the order of grant of compensation under Sec. 357(3) of Cr.P.C.

(2.) As per the prosecution story, applicant/accused had taken loan form respondent / complainant but he did not repay the loan. On 28/2/2013, an amount of Rs.6,34,585.00 alongwith interest was to be paid by the applicant/accused to the Bank and for the same, notice was issued to him against pending dues. Applicant/accused had issued cheque No.-042501 dtd. 6/3/2013 for an amount of Rs.6,34,585.00. When cheque was presented in the Bank, same was received dishonoured with a memo showing insufficient fund in the account of the applicant/accused. Legal notice was issued as per the provisions of the Negotiable Instruments Act, 1881. Even after 15 days of service of notice, applicant failed to pay cheque amount, hence, complaint for commission of offence under Sec. 138 of the Negotiable Act, 1881 was filed.

(3.) After evidence of the parties, learned J.M.F.C. convicted and sentenced the applicant/accused as stated above for commission of offence under Sec. 138 of the Negotiable Instruments Act and awarded one year R.I. and directed the applicant/accused to pay compensation of Rs.9,10,000.00 already deposited by the applicant in the account of complainant.