GANPAT S/O BEGA Vs. RAJ KUMAR UPVANSHI

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner against the Judgment dated 24.03.09 passed in Criminal Appeal No.276/2008 by learned Ist Addl. Sessions Judge , Balaghat District-Balaghat whereby the judgment passed by learned CJM, District-Balaghat on dated 20.11.08 in Criminal Case No.512/06 convicting the petitioner under Section 138 of Negotiable Instruments Act (hereinafter referred to as "the Act") and sentence of R.I. for three months and fine of Rs.80,000/- with default stipulation has been confirmed.

(2.) The facts in brief are that respondent no.1 Raj Kumar Upvanshi has filed a complaint against the petitioner alleging that a cheque of Syndicate Bank, Branch Bharbeli of Rs.75,000/-no. 847340 was returned by the concerning Bank because of "insufficient amount" in the account of petitioner.

(3.) It is alleged that respondent no.1 sent legal registered notice to the petitioner on dated 08.08.05, but the petitioner has not returned the money within prescribed time, therefore, complaint case has been filed.