RAGINI GUPTA Vs. PIYUSH DUTT SHARMA

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the judgment and punishment order dated 12th October, 2018 passed by 14th Additional Sessions Judge, Gwalior in Criminal Appeal No.83 of 2018, thereby dismissing the appeal filed by the revisionist against the judgment and punishment order dated 23rd January, 2018 passed by Judicial Magistrate First Class, Gwalior in Regular Criminal Case No.5068 of 2014, by which the revisionist has been convicted under Section 138 of Negotiable Instruments Act and punishment of admonition was given as well as compensation of Rs.12,69,000/- has been awarded against her.

(2.) The necessary facts for the disposal of the present revision in short are that the respondent/complainant filed a private complaint against the revisionist under Section 138 of Negotiable Instruments Act, on the allegation that in the month of June, 2013, the revisionist had obtained a loan of Rs.10,00,000/- from him and assured that she would refund the said amount within a period of six months. It was further alleged that in lieu of the said amount, the revisionist had given a cheque, dated 28 th January, 2014 drawn on Andhra Bank, Madhoganj, Gwalior bearing no.119954. The said cheque was deposited by the respondent in the bank account of AXIS Bank, Lashkar, Gwalior on 3rd February, 2014 but the same stood dishonoured by the Bank vide memorandum dated 4th February, 2014 because the bank account was blocked. It is further alleged in the complaint that thereafter, a statutory notice dated 13th September, 2014 was sent by the respondent to the revisionist for payment of cheque amount but the same was returned back with an endorsement that ''the addressee has left the premises''. Thereafter, the respondent filed a private complaint before the Trial Magistrate.

(3.) It was the defence of the revisionist that she did not take any loan amount from the respondent but in fact, the respondent and one Pankaj had stolen the cheque of the revisionist from the shop of her husband and accordingly, instructions were given to the Bank to block the account. The revisionist (DW2) had examined herself as a defence witness under Section 315 of CrPC along with another defence witness, namely, Anil Kumar Gupta (DW1), the husband of the revisionist.