BANSHI RAM Vs. RAM CHAND

JUDGEMENT

(1.) Present criminal revision petition is filed under Ss. 397 and 401 Cr.P.C. against judgment dated 23.12.2013 passed by learned trial Court in RBT No. 39/3 of 2011/10 title Ram Chand v/s. Banshi Ram and affirmed by learned Appellate Court vide judgment dated 26.2.2015 in criminal appeal No. 8/10 of 2014 title Bansi Ram v/s. Ram Chand.

(2.) Brief facts of case are that Ram Chand complainant filed complaint under Sec. 138 of Negotiable Instrument Act 1881 pleaded therein that complainant is proprietor of M/s. Ankit Hire Purchase Private Limited Bharari Tehsil Ghumarwin District Bilaspur H.P. It is pleaded that complainant is running the business of financing the vehicles providing loan. It is pleaded that in the month of June 2009 accused approached the complainant for debt and complainant gave a sum of Rs. 150000/ - (Rupees one lac fifty thousand only) as loan to accused. It is pleaded that accused assured to return the amount on or before March 2010. It is pleaded that accused did not return the loan amount and thereafter complainant approached the accused personally and accused issued cheque bearing No. 5025481 payable in H.P. State Cooperative Bank Branch at Ghumarwin District Bilaspur H.P. Thereafter complainant presented the cheque for encashment before H.P. State Cooperative Bank Branch at Ghumarwin but cheque was returned with memorandum of bank "Insufficient funds". It is pleaded that thereafter complainant served the legal notice upon accused under Sec. 138 of Negotiable Instrument Act 1881 but despite notice accused did not pay the debt amount. It is pleaded that accused be sent to imprisonment and fine to the tune of Rs. 300000/ - (Rupees three lacs only) be also imposed upon the accused.

(3.) Notice of accusation was given to accused by learned trial Court on 1.10.2011 under Sec. 138 of Negotiable Instrument Act 1881. Accused did not plead guilty and claimed trial.