SHARWAN KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 12.02.2013, passed by the learned Additional Sessions Judge-IV, Palamau at Daltonganj, in Criminal Appeal No.116 of 2012, whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence dated 30.08.2012 passed by the learned CJM, Daltonganj in Complaint Case No. 536 of 2008 (T.R. No. 2574 of 2012) holding the petitioner guilty for the offence under Section 138 N.I. Act and sentencing him to undergo S.I for 6 months with fine of Rs. 2,58,000/-, has been affirmed.

(2.) The complainant's case in brief is that the complainant and the petitioner are co-villagers and known to each other. The petitioner took loan of Rs. 2,58,000/- from the complainant on 05.01.2006 against his three decimals of land and house in village Satbarwa which he had mortgaged for a period of 2 years. The petitioner also promised to refund the aforesaid amount to the complainant within 2 years and if, he fails then he would execute a sale deed in respect of the aforesaid land to the complainant and for that written agreement was also executed between them. The further case of the complainant is that the accused did not refund Rs. 2,58,000/- to the complainant within the stipulated period nor executed the sale deed and, therefore, after the repeated persuation by the complainant, the petitioner issued 3 cheques of Vananchal Gramin Bank, Satbarwa Branch on 24.05.2008; two cheques for Rs. 95,000/- and one cheque Rs. 97,000/- in favour of the complainant, as against the loan amount alongwith compensation for holding money for 2 1/2 years. It is the further case of the complainant that the petitioner assured the complainant that the said cheques would be cleared whenever they were presented in the Bank. On 24.05.2008, the complainant deposited the aforesaid cheques but they were dishonoured on account of insufficiency of fund in the account and the cheques were returned with memo. Thereafter, on 09.06.2008 the legal notice was received by the complainant but since the petitioner did not pay the amount, the complaint case was presented before the learned trial court.

(3.) On the basis of evidences, both oral and documentary, laid before him, the learned trial court came to the conclusion that the complainant has been able to prove the ingredients under Section 138 N.I. Act against the petitioner and found the petitioner guilty for the offence under Section 138 N.I. Act and sentenced him S.I. for 6 months with fine of Rs. 2,58,000/- to be paid by the petitioner to the complainant. It has also been ordered that if the petitioner fails to pay the fine he shall suffer further S.I. for one month.