SATYANARAYAN Vs. ASHOK KUMAR

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 12-10-2007 passed by VIIth Additional Sessions judge (Fast Track) Ujjain in Cr.A. No. 397/07 whereby the judgment dated 17-8-2007 passed by Special Judicial Magistrate, Ujjain in Criminal Case No. 9886/06 whereby the petitioner was convicted for an offence punishable under section 138 of Negotiable Instruments Act (which shall be referred hereinafter as an Act) with imprisonment of three months RI and was directed to deposit a sum of Rs. 35,000/- payable to respondent was maintained, the present petition has been filed.

(2.) SHORT facts of the case are that on 27-8-2003 a complaint was filed by the respondent under section 138 of the Act before the learned trial Court alleging that the petitioner gave a cheque of Rs. 30,000/- of State Bank of India bearing cheque No. A260-885393 dated 6-6-2003 and assured that the same shall be cleared by the concerned bank on presentation. It was further alleged that the said cheque as presented by the respondent on 16-7-2003, but the same was returned by the concerned bank with a memorandum to the effect that "exceeds arrangement". It was alleged that after bouncing of the cheque, notice of demand was issued by the respondent through an advocate on 22-9-2003 which was duly served on the petitioner on 26-7-2003, wherein demand was made but in spite of that the cheque amount was not paid. It was prayed that petitioner be prosecuted under section 138 of the Act. After taking cognizance and also after framing of charge and recording of evidence, it was found that the petitioner has committed an offence punishable under section 138 of the Act and petitioner was convicted as stated above. In appeal the sentence awarded by the learned Trial Court was maintained, against which present revision petition has been filed.

(3.) FROM perusal of the record it appears that petitioner was in jail w.e.f. 12-10-2007 and the jail sentence was suspended by this Court vide order dated 23-10-2007 subject to depositing 50% of the amount of cheque within a period of one month.