- (1.) These appeals are directed against the judgments and orders passed by the High Court of Madhya Pradesh at Gwalior in Criminal Revision Nos. 135 and 136 of 2000, dated 20.03.2007. By the impugned judgments and orders the High Court has confirmed the order of conviction and sentence passed by the Additional Sessions Judge, Guna, Madhya Pradesh for the offence punishable Under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act"). Criminal Appeal No. 1576 of 2007 The brief facts of the prosecution case are that on 28.01.1997 the Appellant-herein gave a cheque of Rs. 25,000/- to the complainant for the discharge of liability with respect to money borrowed from the complainant. The cheque was deposited by the complainant at UCO Bank, Guna but the same could not be encashed due to insufficiency of funds. The complainant sent a registered notice to the Appellant, but the complainant failed to make payment of the said amount within fifteen days of the receipt of the notice. Therefore, a complaint was filed before the Chief Judicial Magistrate, Guna. The Chief Judicial Magistrate took cognizance of the matter and registered a complaint Under Section 138 of the NI Act.
(2.) Thereafter, the Appellant appeared before the Chief Judicial Magistrate and after both sides were heard, charges were framed. The charges were read over and explained to the Appellant who pleaded not guilty. Accordingly, the case was committed to Trial. The Appellant would submit before the Chief Judicial Magistrate that his cheque book in which the dishonoured cheque was included had gotten lost, and he had also filed a report to that effect. The Appellant would contend that the complainant had filled the amount on a blank cheque from the missing cheque book and had thereby committed a forgery. Two defence witnesses were examined in defence of the Appellant.
(3.) The Chief Judicial Magistrate held that the Appellant had neither produced the application or a copy thereof by which he had stated the loss of his cheque book, and nor had he filed any copy of the report made to the police. Further, the signature of the Appellant on the dishonoured cheque was admitted. On perusal of the entire evidence on record, the Chief Judicial Magistrate held that the Appellant had failed to rebut the presumption made Under Section 139 of the NI Act.;