RAJENDRA SINGH Vs. ADITYA SINGH CHAUHAN

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Criminal Procedure Code has been filed against the order dated 29/08/2016 passed by Additional Sessions Judge (Special Judge), Shivpuri in Criminal Appeal No. 27/2014, by which the appeal filed by the applicant was dismissed because of non-appearance of the applicant.

(2.) The necessary facts for the disposal of the present revision in short are that the respondent filed a criminal complaint under section 138 of the Negotiable Instruments Act on the ground that the applicant had taken Rs. 31,500/- by way of loan and in lieu of repayment of said amount the applicant had given a cheque dated 01/12/2010 and promised that the said cheque would get en-cashed. When the cheque was presented by the respondent, then the same was returned by the bank on the ground of "insufficient funds". After issuing a statutory notice under section 138 of the Negotiable Instruments Act, and when the applicant did not repay the amount within fifteen days from the date of receipt of notice, the respondent filed a complaint under section 138 of the Negotiable Instruments Act.

(3.) The trial Court, after recording the evidence of the parties, convicted the applicant under section 138 of the Negotiable Instruments Act, by judgment dated 07/01/2014 and sentenced him to undergo the rigorous imprisonment of six months with a compensation of Rs. 40,000/- with default imprisonment.