AKHILESH KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) This criminal revision is directed against the judgment dtd. 14/1/2016 passed by the learned Additional Judicial Commissioner-X, Ranchi, in Cr. Appeal No. 179 of 2013, whereby and whereunder the learned appellate Court was pleased to dismiss the appeal and affirm the judgment of conviction and order of sentence dated 01.07.20213 passed by the learned Judicial Magistrate, First Class, Ranchi in Complaint Case No. 585 of 2012 wherein the petitioner had been convicted under Sec. 138 of the Negotiable Instruments Act and sentenced to pay the complainant a sum of Rs.5,53,750.00 as cheque amount along with Rs.2,76,875.00 or to undergo SI for six months in default of payment of the said amount.

(3.) The case of prosecution is that the petitioner and his friend Ajay Kumar approached the opposite party No.2 Arti Kumari to purchase a piece of land bearing khata No 487 plot No 2405 thana No 185 at village Boriya P.S Kanke District Ranchi for which the petitioner had also produced some documents in respect of the said land and believing those documents and words of the petitioner the opposite party No.2 paid consideration amount of Rs.5,53,750.00 and an agreement to sell was executed on 25/3/2011. Subsequently OP No.2 came to know that the land actually does not belong to the petitioner then she approached the petitioner for refund of the entire amount taken by him, whereupon the petitioner had drawn two cheques each for an amount of Rs.2,76,825.00 on ICICI bank, each were bounced on deposit for encashment as the account was reported closed. Again she approached the petitioner and informed about this whereupon he admitted his fault and another cheque of Rs.Two lacs was issued by him drawn on bank of Baroda. The further case of prosecution is that the subsequent cheque when was produced for encashment along with previously issued cheques, these cheques were again bounced and returned unpaid. A legal notice was sent to petitioner and thereafter complaint petition for the alleged offence u/s 138 N.I Act was filed by the complainant Arti Kumari.