ANUP SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Challenge in the present criminal revision petition is the judgment dtd. 1/12/2018 passed by the learned Judicial Magistrate, vide which the petitioner has been convicted under Sec. 138 of the Negotiable Instrument Act (hereinafter referred to as Act) and has been sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs.1,65,000.00 to the complainant and in default to undergo simple imprisonment for a period of one month.

(2.) Briefly stated facts of the case are that complainant filed a complaint before the learned Trial Magistrate alleging therein that a sum of Rs.96,3000.00 was due towards the petitioner/accused and to discharge this amount he issued Cheque No. 902576 dtd. 1/5/2010 in favour of the bank, however, the cheque was dishonored vide memo dtd. 6/5/2010 for the reason "insufficient fund ". Thereafter, legal notice dtd. 20/5/2010 was issued upon the address of the petitioner/accused but he intentionally refused to acknowledge the same and the same was received back on 26/5/2010 with the endorsement "unclaimed ".

(3.) The learned Trial Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.1,65,000.00(Rs.96,300.00 cheque amount + Rs.68,700.00 for sufferings).