SANTOSH KUMAR CHOUHAN Vs. RAMCHARAN CHOUHAN

JUDGEMENT

(1.) This revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 is filed by the applicant/accused assailing the appeal judgment dtd. 27/3/2023 (Annexure-A/1) passed by learned Additional Sessions Judge, Budhani, District-Sehore (M.P.) in Criminal Appeal No.251/2022 (Santosh Kumar Chouhan Vs. Ramcharan) and the judgment of conviction & order of sentence dtd. 23/9/2022 (Annexure-A/2) passed in RT No.519/2016 (Ramcharan Chouhan Vs. Santosh Kumar Chouhan) by learned Judicial Magistrate First Class, Budhani, District-Sehore (M.P.). Vide the aforesaid judgment, applicant herein was convicted for commission of offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') and was sentenced to undergo RI for six months and was directed to pay an amount of Rs.10,78,000.00 as compensation under Sec. 357(3) of Cr.P.C. In default of payment of compensation amount, he was directed to undergo further RI for two months.

(2.) The applicant was prosecuted for commission of offence under Sec. 138 of NI Act as cheque No.000009 dtd. 8/7/2016 of Rs.7,00,000.00 given by applicant/accused to the respondent/complainant towards debt and liability stood bounced with a note that 'owner has stopped the payment' when it was presented in the bank account by the respondent/complainant. Even after receipt of statutory notice, applicant/accused failed to pay the money, a complaint under Sec. 138 of NI Act was filed by the respondent/complainant.

(3.) After hearing and recording of evidence of the parties, learned Trial Court convicted the accused (applicant herein) for commission of offence under Sec. 138 of NI Act vide judgment of conviction and order of sentence dtd. 23/9/2022. An appeal was preferred by the applicant/accused before the Court of Sessions. Learned Additional Sessions Judge, Budhani, District Sehore (MP) by the impugned appeal judgment dtd. 27/3/2023 dismissed the appeal for want of prosecution.