VIJAY KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The solitary question, which falls for determination in the instant revision application filed under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as "the Code'), is as to whether the petitioner, who has been convicted under Section 138 of the Negotiable Instrument Act (hereinafter referred to as " the N.I. Act") and sentenced to undergo rigorous imprisonment for one year with fine of Rs.Three Lakh by the learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.1540 of 2006/T.R. No.1190 of 2008 and affirmed by the learned Addl. Sessions Judge, F.T.C. -VI, Jamshedpur, in Criminal Appeal No.71 of 2008 with modification in period of sentence, can be allowed to be compounded.

(2.) Bereft of unnecessary details of the complaint case, the brief fact is that on a written complaint of the complainant/Opp. Party No.2 -Mahesh Chander Gupta, the aforesaid case was instituted with the allegation that a friendly loan of Rs.2 Lakh was given to the present petitioner. Whereafter, four cheques of Rs.50,000/ - each, drawn on Punjab National Bank, Golmuri Branch, Jamshedpur was issued in favour of the complainant by the petitioner towards repayment of the loan amount, but when the said four cheques were presented in Bank for its encashment, the same was dishonoured, showing "Insufficient Funds" on 09.09.2006 and 12.09.2006 respectively. Thereafter, a legal notice dated 18.09.2006 was sent to the petitioner, demanding total amount of Rs.2 Lakh, but in spite of the said legal notice, the petitioner did not pay any amount. Whereafter, the present complaint case was filed.

(3.) The Learned Judicial Magistrate, after considering the evidences adduced on behalf of the parties and the pleadings, vide its order dated 14.03.2008, convicted the petitioner for the offence under Section 138 of the N.I. Act and sentenced him to undergo rigorous imprisonment for one year with fine of Rs.3 Lakh.