VINOD KUMAR Vs. PREM PAL

JUDGEMENT

(1.) CONVICTION and sentence for the offence under Section 138 of The Negotiable Instruments Act, 1881. While entertaining this revision th petition, it stands noted in the order of 12 February, 2009 that petitioner has already served sentence of 11 months out of substantive sentence of one year imposed upon him. However, the sentence of compensation of Rs.1,12,000/- imposed was stayed vide aforesaid order.

(2.) FINDING returned in the impugned order is as under: -

(3.) PETITIONER had led evidence in his defence before the trial court to show that petitioner had infact paid Rs. 6,000/- by way of cheque. Attention of this Court was also drawn to the deposition of Mr. Sanjay Kochar (DW-1), from petitioner's bank, who had deposed in respect of certified copy of cheque Ex. DW-1/1 to show that the cheque for a sum of Rs.6,000/- was issued by petitioner in favour of respondent-complainant herein. Attention of this Court was also drawn to statement of account Ex. CW-1/C of petitioner to show that an amount of Rs.6,000/- was debited from his account in favour of respondent on 18th September, 2002.