AMOLAK SINGH BHATIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CRIMINAL Revision Nos.67/2010 & 68/2010 filed against the judgment dated 30.1.2010 passed by the 4th Additional Sessions Judge, Bilaspur, in Criminal Appeal Nos.64/09 & 65/09, affirming the judgment of conviction and order of sentence dated 2.7.2009 passed by the Judicial Magistrate First Class, Bilaspur, in Criminal Complaint Case Nos.172/09 & 173/09 and Cr.M.P.Nos.100/2010 & 101/2010 filed against the order dated 30.1.2010 passed by the 4th Additional Sessions Judge, Bilaspur, in Criminal Revision Nos.144/2009 & 143/09, affirming the order dated 2.7.2009 passed by the Judicial Magistrate First Class, Bilaspur, in Criminal Complaint Case Nos.172/09 & 173/09, are being disposed of by this common order.

(2.) BY filing Criminal Revision Nos.67/2010 and 68/2010 applicant-R.S.Bajwa has challenged legality and propriety of the judgment dated 30.1.2010 passed by the 4th Additional Sessions Judge, Bilaspur, in Criminal Appeal Nos.64/09 & 65/09, affirming the judgment of conviction and order of sentence dated 2.7.2009 passed by the Judicial Magistrate First Class, Bilaspur, in Criminal Complaint Case Nos.172/09 & 173/09, whereby the Judicial Magistrate First Class has convicted applicant-R.S.Bajwa under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act, 1881') and sentenced to undergo R.I. for six months and fine of Rs.5000/-, in default of payment of fine to further undergo S.I. for two months.

(3.) AS per case of the complainant, accused R.S.Bajwa, partner in R.S.Bajwa & Company has taken a sum of Rs.10,00,000/- & Rs.5,00,000/- as loan from complainant Amolak Singh Bhatia on 19.8.2004 and executed cheques in favour of the complainant which were presented for incashment to bank and same were dishonoured. Thereafter, registered notice has been served upon the accused in terms of Section 138 (c) of the Act, 1881 and finally complaint for the offence punishable under Section 138 of the Act was filed. After providing opportunity of hearing to the parties, the trial Court has convicted accused-R.S.Bajwa under Section 138 of the Act, 1881 and sentenced to undergo R.I. for six months and fine of Rs.5000/-, in default of payment of fine to further undergo S.I. for two months. Same was challenged before the 4th Additional Sessions Judge, Bilaspur and vide judgment impugned 4th Additional Sessions Judge has affirmed the judgment of conviction and order of sentence passed by the trial Court.