LOKESH SINGH BOHRA Vs. STATE

JUDGEMENT

(1.) - The case of respondent no. 2 is that the revisionist, who was due in a sum of Rs.85,000.00 issued a cheque in respect of his liability, and when the cheque was presented for encashment, the same was returned with an endorsement of insufficiency of funds. The respondent no. 2 then issued a notice to the revisionist demanding the payment and in spite of service of notice, the revisionist failed to pay the amount covered by the cheque and thus committed an offence under Sec. 138 of the Negotiable Insturments Act, 1881 and, accordingly, approached the learned Magistrate for appropriate reliefs.

(2.) Learned Magistrate, after taking cognizance of the offence, recorded the evidence of the parties, and after analyzing the same, found the accused-revisionist guilty of the offence punishable under Sec. 138 of the Act. The accused-revisionist was sentenced appropriately.

(3.) Aggrieved against the said order, the accused filed appeal before the Sessions Judge, who, eventually, affirmed the judgment of conviction and sentence passed by learned Magistrate.