BINOY BOTHRA Vs. JITENDRA SINGH

JUDGEMENT

(1.) Heard Mr. O.P. Bhati, learned counsel appearing for and on behalf of the petitioner as well as Mr. V.K. Chopra, learned counsel, representing the respondent No.1.

(2.) The present revision has been preferred assailing the judgment and order passed by the two forums, whereby the present petitioner has been convicted u/s.138 of the N.I. Act, to simple imprisonment for one year and also to pay compensation of Rs.8 lacs to the complainant, u/s.357(3) of the CrPC and also to pay a sum of Rs.5000/- as cost.

(3.) Briefly sated it can be stated that complainant Jitendra Singh filed a case u/s.138 of the N.I. Act alleging that the accused Binoy Bothra @ Binoy Kumar Bothra approached to him with a proposal that he would arrange for land for the complainant as he was a land broker and on his assurance, the complainant paid him Rs.5 lacs on 07.05.2009, to arrange for the land within 30 days. The accused also assured him to refund the amount in case of non-arrangement of the land. However as the accused failed to arrange the land as assured, so he issued a cheque of Rs.5 lacs to the complainant on 07.06.2009. On 14.09.2009, while the cheque was deposited to the concerned Bank, the same was returned unserved due to insufficient fund. Thereafter the complainant after serving legal notice to the accused demanding the cheque amount, filed a complaint u/s.138 of the N.I. Act, as the accused neglected to pay the amount within the stipulated period.