MAHENDRA KHATIK Vs. RAJEEV DHANAWAT

JUDGEMENT

(1.) The applicant is assailing the order dated 17.05.2016 passed in criminal appeal No. 282/2015 by Special Judge (Atrocities) /Additional Sessions Judge, Shivpuri by which the judgment dated 06.08.2015 passed in criminal case No. 14/2015 by the Court of Judicial Magistrate First Class, Shivpuri has been affirmed.

(2.) The factual matrix of the case is that the respondent filed a complaint case alleging that the present applicant had borrowed money Rs. 2,00,000/- for satisfying his urgent business related requirements. As per the applicant, the amount of Rs. 1,00,000/- was paid by cheque No. 1938896 dated 15.06.2013 drawn on Panjab & Sindh Bank, whereas the remaining amount of Rs. 1,00,000/- was paid in cash. The arrangement which was arrived at between the parties for that the applicant shall refund the money within a period of one year. However according to the respondent, the money was not paid and the applicant continuously stalled the demand made by the respondent. Further, after continuous persuation, the applicant agreed to issue a cheque drawn on HDFC Bank bearing No. 130879 of Rs. 2,00,000/- to refund the money borrowed from the respondent. It is further borne out from the record that the respondent presented the cheque (Ex. P/1), although, the same was returned by the Bank with a memo reflecting insufficient of funds in the account of applicant. Upon receiving the return memo dated 04.12.2014, the respondent issued a legal notice dated 10.12.2014 (Ex. P/4) clearly making demand of Rs. 2,00,000/- from the applicant. Despite receiving the legal notice, the applicant did not obey the instructions therein which gave rise to liability under Section 138 of the Negotiable Instrument Act, 1882.

(3.) The respondent filed a complaint case before the competent Court which was registered as criminal Case No. 14/2015 in which the applicant was summoned to face the trial and to come forward with his defence. The respondent recorded his statement in support of the complaint and was subjected to cross-examination by the applicant. After completion of the process, the Court of Judicial Magistrate First Class, Shivpuri pronounced judgment dated 06.08.2015 and arrived at a finding that the applicant is liable to suffer the consequences provided under Section 138 of the Negotiable Instrument Act, thereby directing the applicant to undergo Rigorous Imprisonment of six months and further, directed for payment of Rs. 2,30,000/- as compensation under Section 357 of Cr.P.C. with default stipulation of additional rigorous imprisonment for a period of two months.