K.S. GUPTA Vs. VINAY GEORGE

JUDGEMENT

(1.) This revision has been filed under Section 397, read with section 401 of the Cr.P.C., 1973 against the judgment dated 01.11.2017, passed by learned A.S.J., Jabalpur in Criminal Appeal No. 56/2017, whereby judgment of conviction, sentence and compensation dated 10.01.2017, passed by learned J.M.F.C., Jabalpur in Criminal Case No. 9265/2005 for the offence under Section 138 of the Negotiable Instrument Act has been modified.

(2.) The complainant/applicant has filed the Criminal Complaint Case No. 926/2005 before the J.M.F.C., Jabalpur under Section 138 of the Negotiable Instrument Act alleging that the respondent-accused executed a cheque of Rs. 1,50,000/- on 12.02.2004. The same was presented for enchashment was dishonoured. Thereafter, the complainant applicant had given appropriate notice and within the prescribed time, filed the criminal complaint case under Section 138 of the Negotiable of Instrument Act.

(3.) Learned J.M.F.C. by order dated 09.11.2009 dismissed the complaint holding that the applicant/complainant failed to prove that through the cheque Ex.D/1 of Rs. 1,50,000/- was executed by the respondentaccused, but the cheque amount was paid to the complainant/applicant by receipt Ex.D/2. Subsequently, Criminal Miscellaneous Petition No. 9389/2013 was filed and vide order dated 04.09.2013, the case was remitted to the trial Court and the order dated 09.11.2009 was set aside and directed to examine the hand writing expert and then to pass judgment afresh. Therefore, learned J.M.F.C, Jabalpur subsequently allowed the parties to examine hand writing expert and after availing opportunities to both the parties pronounced the judgment dated 10.01.2017, whereby the respondent-accused has been convicted and sentenced for six months rigorous imprisonment and also was ordered to pay the cheque amount with interest totaling Rs. 2,85,000/- as compensation under section 357 of Cr.P.C., 1973