NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 100 of 2014 • Ram Narayan Banjare S/o S/o Shri Sewa Ram Banjare Aged About

50 Years R/o Satnami Para, Village Bodra, P. S. And Tahsil Arang, Civil And Revenue District Raipur Chhattisgarh, Chhattisgarh ---- Appellant Versus • Dead (Rajesh Shriwas) Through Legal Heir Smt. Chanda Shriwas S/o W/o Late Rajesh Shriwas Aged About 45 Years R/o Banstal, Hospital Ward P. S. Gole Bazar, Raipur District Raipur Chhattisgarh, Chhattisgarh ---- Respondent (Cause Title is taken from the Case Information System)

For Appellant : Mr. C.R. Sahu and Mr.A.D. Kuldeep, ` Advocate.

For Respondent/State : Ms. Aditi Singhvi, Advocate CRR No. 101 of 2014 • Ram Narayan Banjare S/o . Sewa Ram Banjare Aged About 50 Years R/o. Satnami Para, Vill. Bodra, P.S. And Tah. Arang, Civil And Rev. Distt. Raipur C.G., Chhattisgarh ---- Appellant Versus • (Died) Rajesh Shriwas, Through Legal Heirs Smt. Chanda Shriwas W/o Late Rajesh Shriwas Aged About 45 Years R/o Banstal Hospital Ward Police Station Gole Bazar, Raipur, District : Raipur, Chhattisgarh ---- Respondent (Cause Title is taken from the Case Information System)

For Appellant : Mr. C.R. Sahu and Mr.A.D. Kuldeep, Advocate.

For Respondent/State : None Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

05.03.2024

1 The applicant, by way of these revision petitions seeks to challenge the judgment dated 06.02.2014 passed in Criminal Appeal No. 180 of 2013 and Criminal Appeal No. 181 of 2013 by the learned Session Judge, Raipur, District- Raipur (C.G.), whereby it has afÏrmed the judgment dated 05.08.2013 passed in Criminal Case No. 707/2011 and 777/2011, respectively, by the learned Judicial Magistrate First Class, Raipur, whereby, the learned trial Court convicted the appellant for the offence punishable under Section 138 of Negotiable Instrument Act and sentenced him to undergo 2 years simple imprisonment and fine amount of Rs.6,00,000/- and in default of payment of fine, to further undergo simple imprisonment for three months, in both the criminal cases.

2 The case of the prosecution in brief in these appeals are that, on

06.06.2011 and 02.06.2011, the applicant / accused Ram Narayan Banjare had given two blank cheques, one for Rs.6,00,000/- bearing No.770164 and another for Rs. 6,00,000/- bearing No. No.770165 dated 06.06.11 and 02.06.2011 respectively issued in favour of respondent / complainant. The cheques got dishonoured on 16.06.2011 and 09.06.2011 on the ground of insufÏcient funds. Thereafter, on 19.07.2011 and 16.07.2011 respectively, the respondent / complainant gave information to the applicant / accused that there is no sufÏcient amount in his account. The applicant replied to the same on 25.07.2011 and 29.07.2011 vide legal notice dated 19.07.2011 and 02.09.2011. On 02.09.2011, the respondent / complainant filed two complaint cases against the applicant for dishonour of cheque. Thereafter, the learned trial court has registered the case under Section 138 of Negotiable Instrument Act on 21.11.2011. The learned trial court framed the charge under Section 138 of Negotiable Instrument Act against the applicant on 14.05.2012. The learned Trial Court, after recording the evidence of witnesses convicted the applicant as aforestated.

3 Learned counsel for the applicant submits that the learned court below has failed to appreciate the evidence available on record and the learned court below has failed to appreciate the fact that the complainant was unable to prove the dishonour of cheque and no such document has been submitted in support of transaction and that no case is made out against the applicant under Section 138 of Negotiable Instrument Act because the applicant had given two blank cheques to the respondent which was misused by him. He further submits that the applicant's wife namely Smt. Sevati Bai had taken a loan of Rs. 10,00,000/- from the respondent @ 10% interest for which the applicant had given two blank cheques to respondent and the respondent