Sat. Sep 19th, 2020

Devender Kumar vs Khem Chand on 6 October, 2015

2 min read

1. The petitioner is aggrieved by the judgment and order passed in
Criminal Appeal No. 60/2012 dated 12.09.2012 whereby the judgment
and order of conviction dated 18.05.2012 and 23.05.2012 respectively
passed by the Trial Court, convicting the respondent under Section 138 of
the Negotiable Instruments Act (for short „NI Act‟) and sentencing him to
undergo Simple Imprisonment for five months and a fine of Rs.3 lacs, in
default of payment of which one month SI, has been set aside and the
respondent has been acquitted.
2. The petitioner, being friendly to the respondent, gave a loan of
Rs.1.40 lacs to him vide an agreement executed on 16.09.2008

Crl.Rev.P No.679/2012 Page 1 of 18
(Ex.CW1/A). The aforesaid agreement indicated that the petitioner
would pay Rs.1.40 lacs on the next date i.e. a day after the agreement was
executed and the respondent would return the amount of Rs.1.50 lacs on
23.04.2009. The agreement further indicated that the respondent had
issued a promissory note admitting his liability and obligation to pay the
aforesaid amount (Rs.1.50 lacs) to the petitioner on 23.04.2009. An
affidavit was also sworn by the respondent which indicated that the
respondent has given a cheque of Rs.1.50 lacs bearing cheque no.489019
payable on 23.04.2009. The cheque was of Syndicate Bank, Dev Nagar,
Delhi. The promissory note has been exhibited as Ex.CW1/B and the
affidavit referred above is exhibited as Ex.CW1/C. The cheque of
Rs.1.50 lacs drawn by the respondent was dishonoured for insufficiency
of funds. As a result thereof, a notice was issued to the respondent in
which there was direction to pay the amount in question. Neither the
amount was paid nor the notice was replied. Per force, a complaint had
to be filed under Section 138 of the Negotiable Instruments Act.

Source: Indian Kanoon

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