J. J. Munir,J. - (1.) The revisionist Raj Kumar Goel issued a cheque that bounced with a remark "insufficient fund"; the second respondent Smt. Chandra Prabha is the payee of the cheque aforesaid.
(2.) This revision has been filed by Raj Kumar Goel from a judgment and order dated 23.03.2007 of Mr. Lukmanul Haq, the then Additional Sessions Judge, Court No. 10, Ghaziabad in Criminal Appeal No. 5/2007 dismissing the said appeal and affirming a judgment and order of Ms. Sapna Mishra, the then Special Judicial Magistrate (C.B.I.), Ghaziabad dated 29.01.2007 passed in Criminal Case No. 730 of 2006, under Section 138 of Negotiable Instrument Act (for short the 'Act') convicting the revisionist of the charge under Section 138 of Act and sentencing him to suffer three months rigorous imprisonment and imposing a fine of Rs. 2000/-, and in default of payment of fine to undergo a further term of 15 days simple imprisonment. The revisionist has also been ordered to pay a compensation in the sum of Rs. 30,000/- to the second respondent-complainant invoking the provisions of Section 357 Cr.P.C.
(3.) The case of the complainant-respondent no.2 that led to the revisionist's conviction, in short, is that the complainant is a kind hearted person who is predisposed to reach out to anyone in need of help. The revisionist knew the complainant through some relatives of hers. The revisionist requested the complainant to loan her a sum of Rs. 2 lacs. It is urged that revisionist represented to the complainant-opposite party that his business had run into trouble and that he would refund money loaned to him piecemeal. In consideration of the loan by the complainant, the revisionist issued a cheque worth Rs. 20,000/- towards the first installment of refund bearing cheque no. 555852 dated 25.08.2005 drawn on the ICICI Bank, Patel Nagar, Ghaziabad. It is the complainant-opposite party's case that she presented the cheque in account through her bank but it was dishonoured through her bank with a remark "insufficient funds" by the revisionist's bank.;