JAKIR HUSSAIN Vs. ADARSH CREDIT COOPERATIVE SOCIETY LTD

JUDGEMENT

(1.) TO question validity, correctness and propriety of the judgment dated 04.07.2011 passed by learned Sessions Judge, Sirohi in Criminal Appeal No.47/2011 affirming the judgment and order dated 12.03.2007 passed by learned Chief Judicial Magistrate, Sirohi in Regular Criminal Case No.62/2005, this revision petition as per the provisions of Section 397 read with Section 401 CrPC is preferred. Learned Chief Judicial Magistrate, Sirohi by the judgment dated 12.03.2007 convicted the petitioner for an offence punishable under Section 138 of the Negotiable Instrument Act and sentenced him to undergo one year's simple imprisonment with a fine of Rs.70,000.00.

(2.) THE factual matrix necessary to be noticed is that the respondent No.1 co-operative society submitted a complaint before the competent court with assertion that the petitioner availed a loan from the respondent co-operative society for repair of his house. A cheque bearing No.218242 of Madhav Nagrik Sahakari Bank Limited, Pindwara Branch was tendered on 04.11.2004 to satisfy the loan amount. The cheque was dishonoured due to non-availability of funds, therefore, a notice was given to the revision petitioner on 25.11.2004. Despite notice, the cheque amount was not tendered.

(3.) IN revision petition, learned counsel for the petitioner stated that in pursuant to the order dated 09.08.2011 passed by this court, the petitioner has already deposited a sum of Rs.40,000.00 with the respondent co- operative society. The petitioner is ready and willing to satisfy the due amount also, if some time is granted to him to do so. This court by the order dated 05.10.2012 directed learned counsel for the respondent co-operative society to avail necessary instructions in this regard.