Order on Board

15/04/2024

1. The petitioner has iled this petition under Section 482 of the CrPC being aggrieved with the order dated 11.08.2017 passed by the learned 6th Additional Session Judge, Bilaspur, District Bilaspur (C.G.) in Criminal Appeal No. 66/2017, whereby the learned appellate Court dismissed the appeal and upheld the judgment and sentence passed by the learned JMFC, Kota in Criminal Case No. 544 of 2013, whereby the learned JMFC convicted and sentenced the respondent/accused to sufer till arising of the Court with ine of Rs. 10,000/-, in default of payment of ine to undergo 01 month, additional S.I.

2. Facts of the case in brief is that the petitioner had iled a complaint before the learned JMFC Kota against the respondent on 03.10.2013, where in the complaint, the petitioner had disclosed that amount of Rs. 50,000/-, which was taken by the respondent on account of family requirement and for which an agreement was executed in favour of petitioner on 15.06.2013 and where in the agreement, which was promised by the respondent that the said amount would be refunded back to the petitioner within one month and also against that amount, a cheque was issued by the respondent of amount of Rs. 50,000/- on 19.07.2013 and in order to encash that cheque No. 814155, which is submitted by the petitioner in the State Bank of Kargi Road Branch and the said cheque was returned back to the petitioner on 27.08.2013 and the petitioner having been informed of this fact that no suicient funds existed in the account of respondent and therefore, the said cheque issued by the respondent was bounced and since before iling the complaint, a demand notice was sent by the petitioner on 07.09.2013 through his counsel and in the said notice was obtained by the respondent on 11.09.2013, which was known to the petitioner by the acknowledgement and since in pursuance of demand notice, an amount of Rs. 50,000/- was not paid by the respondent to the petitioner, the complainant iled complaint before the learned trial Court on 03.10.2013 and on the basis of the statement of Vishnu Gupta, the case was registered against the respondent/accused for the ofence under Section 138 of N.I. Act and despite the fact that no reply was iled by the respondent to the demand notice sent by the petitioner, as such the learned trial Court while inding the respondent guilty for the ofence under Section 138 of N.I. Act only convicted and sentenced the respondent to sufer till arising of the Court and ine of Rs.10,000/-, in default of payment of ine amount, one month additional Simple imprisonment.

3. Being aggrieved of the order dated 09.03.2017, the petitioner iled the appeal before the learned Sessions Judge Bilaspur, which was dismissed by passing the impugned order dated 11.08.2017 and the appeal was heard by the 6th Additional Sessions Judge Bilaspur, after the perusal of entire record found that the sentence imposed by the trial Court is just and proper and the compensation which has been awarded by the learned JMFC Kota regarding the grant of Rs.5,000/- and despite the fact that in the appeal memo, the grounds regarding the enhancement in the sentence was mentioned and despite the fact that before the judgment pronounced by the learned JMFC Kota, there was an agreement between the parties and the respondent had agreed to pay Rs.1,20,000/- to the complainant but the respondent/accused only paid Rs.60,000/- to the complainant and out of which Rs.20,000/- was paid on 09.12.2016 and Rs.40,000/ was paid on 22.12.2016 in the Court of JMFC Kota, the payment of the money allegedly made by the respondent has been mentioned in the order sheet of the trial Court, but despite the fact that in the order sheet of

22.12.2016, after payment of Rs.40,000/-, the respondent further made a prayer before the trial Court to pay the remaining amount and for which 17.01.2017 was ixed by the trial Court, but on that day, the respondent/accused remained absent and thereafter, was arrested