GYAN SINGH RAWAT Vs. HARISH CHANDRA AGRAWAL

JUDGEMENT

(1.) This Criminal Revision under Sections 397, 401 of Cr.P.C. has been filed against the judgment dated 29-6- 2015 passed by VIth A.S.J., Gwalior in Criminal Appeal No. 290 of 2015 arising out of judgment and sentence dated 17-6-2015 passed by J.M.F.C., Gwalior in Criminal Case No. 4471/2013 by which the applicant has been held guilty of offence under Section 138 of Negotiable Instruments Act, 1881 (in short ''NIA 1881'') and has been sentenced to undergo the rigorous imprisonment of six months and compensation of Rs. 1,50,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present revision in short are that the respondent had filed a criminal complaint against the applicant under Section 138 of NIA, 1881, on the allegation, that he was having friendly relations with the applicant. In the month of February 2012, the applicant borrowed Rs. 1,25,000 from the complainant on the promise that he would return the same by February 2013. The applicant also issued a cheque bearing No. 077366 dated 25-2-2013 but the same stood bounced on the ground of "insufficient funds". A statutory notice under Section 138 of NIA, 1881 was given to the applicant but in spite of that, the applicant did not repay the amount and accordingly, the complaint under Section 138 of NIA, 1881 was filed.

(3.) The Trial Court, after recording evidence and hearing both the parties, held the applicant guilty and convicted under Section 138 of NIA, 1881 and sentenced him to undergo the rigorous imprisonment of one year and compensation of Rs.2,00,000/- with default imprisonment.