MADAN LAL Vs. JAGBIR SINGH (DELHI)

JUDGEMENT

(1.) The present revision petition has been filed for setting aside the order dated 23.12.2008, passed by the learned Additional Sessions Judge, Dwarka Courts, New Delhi, in CA No. 08/08 under Section 138 of the Negotiable Instruments Act, upholding the judgment dated 03.04.2008 and order on sentence dated 22.04.2008, by virtue of which, the petitioner was sentenced to undergo Simple Imprisonment for a period of six months and also to pay compensation in the sum of Rs. 1.00 lakh to the complainant/Jagbir Singh (respondent herein).

(2.) Briefly stating, the facts relevant for disposal of the present petition are that the respondent (Jagbir Singh) had filed a criminal complaint under Section 138 of the Act, against the petitioner (Madan Lal), alleging therein that the petitioner was running a business of supplying building material with his brother-in-law, Dalbir Singh, under the name and style of M/s Haryana Building Material Suppliers at Dashrath Puri, New Delhi. At the request of the respondent (Jagbir Singh), the petitioner agreed to supply him building material for construction of his house on credit basis. As per the accounts, a sum of Rs. 57,000/- was finally due and outstanding from the petitioner's side, payable to the respondent/complainant.

(3.) On 20.11.01, Ramesh the brother of the petitioner along with three other persons, namely, Mahesh Chand, Pramod Kumar and Kanhaya Lal came to the shop of respondent and gave an undertaking to pay the due amount of Rs. 57,000/- by 25.01.2002 and in default to pay an additional sum of Rs. 5,000/- as interest on the said amount. All of them signed an agreement to this effect on 20.11.201. Despite execution of the said agreement, the outstanding amount was not paid. Finally, a cheque dated 17.02.2002 bearing number 992361 drawn on Syndicate bank, Hari Nagar, New Delhi, in the sum of Rs. 62,000/- was issued by the petitioner, in discharge of his liability towards the respondent, but the said cheque on presentation in the bank was dishonoured for the reason Account closed. The respondent (Jagbir Singh) issued a legal notice dated 27.02.2002 which was duly served on the petitioner, who though sent a reply but failed to pay the cheque amount.