RAMESH KUMAR MEHRA Vs. ANAND MALVIYA

JUDGEMENT

(1.) With the consent of learned counsel for the parties, this appeal is heard finally.

(2.) The present appeal has been filed by the appellant (hereinafter referred to as the 'complainant') under Sec. 378(4) of Cr.P.C. being aggrieved by the judgment dtd. 28/9/2018 passed by the 13th Additional Sessions Judge, Bhopal, District Bhopal in CRA No.381/2018 reversing the judgment dtd. 11/5/2018 of conviction and sentence passed in RT No.505/2016 by the JMFC, Bhopal, District Bhopal, whereby the respondent (hereinafter referred to as the 'accused') had been convicted under Sec. 138 of N.I. Act and sentenced to undergo six months RI and to pay Rs.2,40,000.00 to the complainant, failing which to undergo further three months RI.

(3.) The prosecution case, in brief, is that there is a friendly relationship between the complainant and the accused and for his personal needs, the accused had asked for a loan of Rs.2,00,000.00 from the complainant. Keeping in view the friendly relationship, the accused gave the amount of Rs.2,00,000.00 to the accused on 24/4/2015 as a loan. While giving the said amount, the accused had told the complainant that he would return the said amount to him within 06 months. A loan agreement was executed in respect of the said loan dtd. 24/4/2015. When the accused did not return the said amount within 06 months, on making a demand by the complainant, the accused issued two cheques, bearing numbers 039296 and 039297, dated September 24, 2015 and October 24, 2015, respectively, for an amount of Rs.1,00,000.00 each, drawn on State Bank of Bikaner and Jaipur, Kolar Branch, Bhopal, in favor of the complainant. When the complainant presented these cheques to his bank, they were returned unpaid on November 25, 2015, with the remark "insufficient funds." The complainant contacted the accused on phone and informed him of the same, the accused started verbally abusing him and refused to return the money. Consequently, on December 10, 2015, the complainant, through his advocate, sent a legal notice to the accused via registered post with acknowledgment due, demanding the cheque amount. The accused failed to return the legally recoverable amount of debt within the stipulated time period, and knowing that his account had insufficient funds, he intentionally issued cheques from an account with insufficient funds to the complainant. Therefore, the complainant has filed a complaint against the accused in court.