Smt. Meera Agrawal vs Smt. Anita Sharma
2023 Latest Caselaw 81 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 2 nd OF JANUARY, 2023
                                            CRIMINAL REVISION No. 245 of 2008

                           BETWEEN:-
                           SMT. MEERA AGRAWAL W/O SHRI VISHNU SAWROOP
                           AGARWAL , AGED ABOUT 40 YEARS, OCCUPATION: R/O
                           BAVAN PAYAGA, TELI KI BAJARIYA RAMKUI NAI
                           SADAK, LASHKAR, GWALIOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (SHRI YOGESH SINGHAL - ADVOCATE - ABSENT)

                           AND
                           SMT. ANITA SHARMAW/O SHRI NARAYAN SHARMA,
                           AGED ABOUT 38 YEARS, OCCUPATION: TEACHER, R/O
                           VINAY NAGAR, SECTOR 2 BHUMIA BABA KE PAS,
                           LASHKAR, GWALIOR (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (SHRI Y.S. TOMAR - ADVOCATE - ABSENT)

                                 T h is revision coming on for order this day, t h e cou rt passed the
                           following:
                                                               ORDER

Today, no one appears for the applicant. Even on 08.07.2017 and 09.03.2019, no body had appeared on behalf of applicant. The present revision is pending since year 2008.

Necessary facts for disposal of present revision in short are that respondent filed a complaint before the Special Judicial Magistrate Gwalior alleging therein that she had paid Rs.50,000/- to the applicant and the applicant gave 10 post-dated cheques each of Rs.5,000/- of State of Bank of India to respondent. When respondent presented the said cheques before Union Bank Signature Not Verified Signed by: MONIKA SHARMA Signing time: 03-01-2023 10:21:48 AM

of India, Branch Sabdapratap Ashram, Lashkar, the same were dishonoured due to ''insufficiency of funds''. Thereafter, respondent issued a notice to the applicant for re-payment of aforesaid amount. Despite receiving the notice, applicant did not pay the aforesaid amount within the stipulated period, therefore, a complaint was filed under Section 138 of Negotiable Instruments Act. The applicant appeared before the Court below and denied the allegations made by respondent. After recording the oral as well as documentary evidence available on record, the trial Court vide its judgment dated 29-08-2007 passed in Criminal Case No.4489 of 2006 held the applicant guilty and sentenced her for one months simple imprisonment with a direction to pay compensation of

Rs.34,500/- to respondent as per the provisions of Section 357(3) of CrPC. Being aggrieved, the applicant filed an appeal before Seventh Additional Sessions Judge, Gwalior and the same was dismissed by appellate Court vide its judgment dated 11-02-2008 passed in CRA No.213 of 2007. Being dissatisfied, the present criminal revision has been preferred at the instance of applicant.

In the memo of revision, it is submitted by applicant that the Court below has not considered her defence to the effect that the cheques were received by one Bhupendra Sharma, not by applicant. The Court below has not rightly appreciated the evidence came on record. It is the duty of prosecution to satisfy the essential ingredients of Section 138 of NI Act and the complainant has utterly failed to prove the same. Therefore, impugned judgment is unsustainable in the eyes of law. Hence, judgment of conviction and sentence recorded by the trial Court deserves to be set aside.

O n perusal of judgments as well as documents available on record, it

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 03-01-2023 10:21:48 AM

appears that no illegality or perversity has been committed by the trial Court while passing the judgment of conviction and sentence against the applicant. This revision being devoid of substance, is dismissed. As a result, the judgment dated 11-02-2008 passed by Seventh Additional Sessions Judge, Gwalior in Criminal Appeal No.213 of 2007 is also affirmed.

(DEEPAK KUMAR AGARWAL) JUDGE Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 03-01-2023 10:21:48 AM