KISHAN LAL Vs. STATE

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred against the judgment dtd. 15/4/1999 passed by the learned Additional Sessions Judge No.2, Bikaner ('lower appellate court') in Appeal No.2/98, while allowing the appeal filed by accused-Alok, the judgment dtd. 2/12/1997 passed by the learned Civil Judge (Junior Division) & Judicial Magistrate First Class, Bikaner ('trial court') in Private Complaint No.70/92 (filed by complainant-Kishan Lal) was quashed and set aside; the learned trial court vide its judgment, held accused-Alok guilty under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and sentenced him to undergo one year's simple imprisonment and a fine of Rs.5,000.00, in default of payment of which, the accused was to undergo further two months imprisonment.

(2.) Learned counsel for the complainant/petitioner submits that owing to the petitioner's acquaintance with the accused, he borrowed a sum of Rs.15,000.00 as a loan from the complainant/petitioner for his business needs. Learned counsel further submits that after some time, upon being demanded the said loan amount by the complainant/petitioner, the accused gave him a cheque bearing No.350922 dtd. 5/7/1991 drawing on the erstwhile State Bank of Bikaner & Jaipur, Branch-Public Park, Bikaner, for a sum of Rs.5,000.00; upon the said cheque being presented before the concerned Branch of the Bank on 6/7/1991, the cheque was returned by the Bank with the negative endorsement, on count of insufficiency of funds in the bank account of the accused, which clearly indicates that the cheque in question was dishonoured.

(3.) On the other hand, learned Public Prosecutor as well as learned counsel for the accused-respondent No.2 oppose the aforesaid submissions made on behalf of the petitioner.