DEEPAK RAO Vs. JAMUNA DAS BADHWANI

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 feeling aggrieved by the judgment dated 08/01/2018 passed 6th Additional Sessions Judge, Bhopal in Criminal Appeal No.1008/2016 whereby setting aside the judgment of conviction and order of sentence under Section 138 of Negotiable Instruments Act passed by learned Additional Chief Judicial Magistrate, Bhopal against the respondent in Criminal Complaint Case No.7204/2014.

(2.) The facts giving rise to this petition, in short, are that the applicant was the complainant in the trial Court and the respondent was made accused in that complaint. The facts of the complaint, in short, are that both the parties were having cordial relationship. The respondent was in need of some money and requested the applicant to give Rs.10 lakh as loan. Applicant financed Rs.10 lakh to the respondent and after that respondent issued a cheque of his account of Dena Bank, Jyoti Shopping Complex, M.P. Nagar, Bhopal for payment of the amount received by him as a loan. On presenting the cheque by the applicant in his bank account in the Central Bank of India, the cheque was returned back without realization with an endorsement of insufficient amount. When the applicant demanded the cheque amount from the respondent, he denied for payment. The complainant served a notice to the respondent to that effect. Notice received back with an endorsement that the address was not correct. It is alleged in the complaint that the accused did not receive the notice and with collusion of other persons returned it with such endorsement. After that the applicant filed a complaint for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) Learned trial Court after recording the evidence of both the parties and after hearing both the parties, passed judgment on 16/11/2016 convicting the respondent for the offence under Section 138 of N.I. Act and sentenced him to undergo one year RI and fixed compensation of Rs.12,50,000/- payable to the applicant. Being aggrieved by that judgment of conviction and order of sentence and compensation imposed against the respondent, the respondent preferred an appeal registered as Criminal Appeal No.1008.2016. Learned appellate Court after hearing both the parties delivered the judgment dated 08/01/2018 thereby setting aside the judgment of conviction and order of sentenced passed by the trial Court against the respondent and acquitted respondent of the charge.