HAZARI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of the order dtd. 28/3/2016 passed in Criminal Appeal No. 17 of 2015.

(2.) By this order, conviction of OP No. 2 in Compliant Case No. 1045 of 2010 under sec. 138 of the Negotiable Instrument Act, 1881 (in short, NI Act) has been set aside by the appellate Court.

(3.) Complaint Case No. 1045 of 2010 was instituted on 7/6/2010 on the allegation that the cheque bearing No. 871312 drawn on Bank of India dtd. 6/5/2010 issued by OP No. 2 was returned unpaid on 8/5/2010 with the endorsement "insufficient fund". The learned trial Magistrate raised presumption under sec. 139 of the NI Act to hold the accused guilty under sec. 138 of NI Act for which he was sentenced to SI of one year with a direction to pay compensation of Rs.2.00 lacs to the complainant.