S S CHAUDHARY Vs. STATE

JUDGEMENT

(1.) ON a complaint C. C. 343/1 filed under Section 138 of the Negotiable instruments Act by Col. S. S. Choudhary (complainant) petitioner in crl. Rev. P. 666/2007, the Magistrate vide order dated 15. 05. 2005 held the accused Avtar Singh (petitioner in Crl. Rev. P. 596/2007) guilty and directed him to undergo SI for one year and to pay double the amount of cheque towards compensation i. e. Rs. 6,95,000/-, as the dishonoured cheque was for rs. 3,50,000/ -. This order was challenged before the learned Additional sessions Judge who while upholding the conviction modified the sentence by converting the SI to RI for one year but also ordered that no compensation shall be paid by the accused. The precise reason given for the same was that during the pendency of these proceedings the parties entered into a settlement by which, the accused paid a cheque of Rs. 5 lakhs to the complainant as a compromise but the said cheque was also dishonoured. The complainant also filed a civil suit for the recovery of Rs. 5 lakhs based upon the dishonoured cheque which suit has been decreed in his favour but according to the complainant no payment has been received so far.

(2.) THE accused, Col. Avtar Singh, is questioning the order of the additional Sessions Judge in upholding the conviction; whereas in other revision the complainant, is aggrieved on account of modification of the sentence by not granting compensation as ordered by the Magistrate vide order dated 19. 05. 2005.

(3.) BRIEFLY stating the case against the accused, Col. Avtar Singh, is that he was a friend of complainant and had taken a friendly loan in the sum of rs. 5 lakh from the complainant in October, 1996 for a period of six months. After the expiry of the period, the complainant requested the accused to return the loan and in part discharge of the said liability, the accused issued a cheque in question dated 12. 6. 1998 for a sum of Rs, 3. 5 lakhs drawn on punjab National Bank, Chandigarh in favour of the complainant. The said cheque on presentation was dishonoured on the ground of insufficiency of funds. Thereafter, the complainant sent a legal notice dated 13. 8. 1998 by registered post and/or receipt and the same was returned back unserved with a report "not met" on 17. 9. 2000, 18. 9. 2000 and 19. 9. 2000. The legal notice was also sent to the residential and official address of the accused through UPC but the amount of dishonoured cheque was not paid. On these accusations, the complaint was filed and after pre-summoning evidence, the accused was summoned. A notice under Section 251 Cr. P. C. was framed to which the accused pleaded not guilty.