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(2.)Present revision arises out of impugned judgment of conviction and order of sentence dated 05.06.2015 passed by the Fourth Additional Sessions Judge, Durg in Cr.A. No. 235/2014 whereby the learned appellate court below has confirmed the conviction and sentence of the accused/applicant as awarded by the learned Judicial Magistrate First Class. Durg in Complaint Case No. 314/2012 vide its judgment dated 24.07.2014 and altered the sentence under Section 138 of the Negotiable Instrument Act and sentenced him to undergo SI for one year with compensation of Rs. 7,70,000/- plus default stipulation.
(3.)Brief facts of the case are that the complainant filed a complaint case against the applicant/accused alleging offence under Section 138 of the Negotiable Instrument Act which was registered as complaint case No. 314/2012. As per allegation, case of the prosecution is that the complainant/accused was working as agent in different companies and the complainant had given Rs. 6,00,000/- to the applicant for depositing in various schemes and when the complainant sought documents with regard to the above investment, no document was provided by the applicant. Hence, the complainant sought for his amount of Rs. 6,50,000/- back from the applicant/accused and to satisfy the complainant, applicant gave blank cheque which was dishonoured by the Bank. A complaint case was filed against the applicant/accused before the Judicial Magistrate First Class, Durg.