MANOJ KUMAR BANSAL Vs. SUNIL KUMAR AGARWAL

JUDGEMENT

(1.) Aggrieved by judgment dated 30.07.2011 passed by the learned Additional Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna in Criminal Appeal No. 17/2 of 2009-2011 confirming the judgment dated 21.03.2009 passed by the learned J.M.F.C.. Bhawanipatna in I.C.C. No. 39 of 2007TTrial No. 274 of 2008 convicting the petitioner under Section 138 of the Negotiable Instruments Act and sentencing him to undergo S. I. for six months and to pay a compensation of L 3,00,000/-; to the complainant-opposite party, the petitioner has filed this criminal revision.

(2.) The case of the prosecution is that the complainant is a businessman, who deals in rice and paddy. He had business transaction with the accused-petitioner since long and in course off such transaction the accused owed him L 3,00,000/- and accordingly issued a cheque on 30.01.2007. The complainant presented the cheque in the State Bank of India, Kesinga Branch, but it was returned to him by the Bank due to insufficiency of funds. The complainant thereafter requested the accused to pay the dues and the latter having not responded, he issued a pleader notice to the accused on 15.06.2007 and the A.D. thereof returned on 25.06.2007. In spite of issuance of notice the accused did not pay the money, for which the complaint was filed.

(3.) The defence plea was of false implication. The accused also denied business transaction with the complainant. His specific case was that he had issued the cheque to one Sunil Kumar Agrawal S/o. Balkishan Agrawal, a namesake of the complainant, as security for advancement of a loan of L 3,00,000/- to the brother of the accused, who was in need of money for construction of a house, and that after his brother repaid the money said Sunil Kumar Agrawal returned the cheque through one Satyanarayan Agrawal, who is the father of the complainant, and that the said cheque has been misutilised by the complainant.