SHYAM SUNDER SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed under Sec. 397 Crimial P.C. read with Sec. 401 Crimial P.C. against the judgment and order dated 7.4.2011 passed by Special Judge (Fake Currency Cases) & Additional District Judge Jaipur Metro Jaipur in Criminal Appeal No. 152 of 2003 against the judgement and order dated 31.1.2003 of Judicial Magistrate , Jaipur City Jaipur in Criminal Case No. 112 of 2000 whereby the accused petitioner was convicted and sentenced under Sec. 138 Negotiable Instruments Act to suffer one year simple imprisonment with a fine of Rs. 2,000.00 in default of payment of fine he was directed to further undergo 3 months simple imprisonment and further directed for payment of Rs. 80,000.00 to the complainant as compensation and dismissed the appeal upholding the judgement and order dated 31.3.2003 of the Trial Court.

(2.) Brief facts of the case are that the non-petitioner No. 2 Rajkumar Sachdeva filed a complaint under Sec. 1.38 of the Negotiable Instruments Act before the Judicial Magistrate, Jaipur City, Jaipur on 14.6.2000 with the averments that complainant is known to the accused petitioner and having relations for transaction of money. It has further been alleged that the accused petitioner borrowed Rs. 15,000.00 on 10.4.1999 and Rs. 50,000.00 on 18.7.1999 total Rs. one lac from the complainant against which he has repaid Rs. 50,000.00 on 15.12.1999 and remaining amount Rs. 85,000.00 against which petitioner has issued two cheques, one cheque No. 300993 dated 22.2.2000 worth Rs. 45,000.00 and another cheque No. 300994 dated 17.3.2000 worth Rs. 40,000.00 in favour of complainant. The complainant has produced the cheque dated 22.2.2000 worth Rs. 45,000.00 in the bank which was bounced on 23.3.2004. Thereafter he filed complaint. The Trial Court recorded the statement of complainant under Sec. 200 Crimial P.C. and took cognizance against him under Sec. 138 of Negotiable Instruments Act. On 16.12.2000 the Trial Court framed charged under Sec. 138 of the Negotiable Instruments Act against the accused petitioner, who denied the charge and prayed for trial. That non-petitioner No. 2 examined himself as PW 1 in support of his case and the petitioner himself appeared as DW 1. After hearing both the parties the Trial Court reached to the conclusion that cheques were issued by the petitioner and the same were dishonoured therefore he committed offence under Sec. 138 of the Negotiable Instruments Act. The Trial Court convicted and sentenced the accused petitioner under Sec. 138 of the Negotiable Instruments Act to undergo one year simple imprisonment and in default to further undergo 3 months simple imprisonment and also directed for payment of Rs. 80,000.00 as compensation to the complainant vide its judgement and order dated 31.1.2003. The accused petitioner preferred appeal against the judgement of conviction and sentence before the Sessions Judge, who transferred the same for adjudication before the Special Judge (Fake Currency Cases) cum Additional Sessions Judge, Metro City, Jaipur. The appeal filed by the accused petitioner was rejected vide judgement dated 7.4.2011 upholding the judgement of the lower Court dated 31.1.2003.

(3.) The learned counsel for the accused petitioner at this stage has stated that the petitioner and the non-petitioner No. 2 have entered into compromise and hence the matter should be compounded in the light of the judgement of the Apex Court in K.M. Ibrahim Vs. K.P. Mohammed & Anr., (20)9) 7 Supreme 627 = 2010 (1) NU 1 (SC), in which following principles have been laid down :