DEVENDRA SINGH WALLIA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, Devendra Singh Wallia, issued a cheque dated 25. 3. 1992 for Rs. 29,000/- in the name of Punjab and Sindh Bank and the said cheque was presented for collection but he same was returned with an endorsement of 'insufficient balance' vide memo dated 4. 4. 1992 received on 28. 4. 1992.

(2.) THEREAFTER a notice was given to the petitioner, Devendra Singh Wallia, making a demand for payment of the said amount of cheque within 15 days and the same was replied by the petitioner admitting the issuance of the said cheque in the name of Punjab and Sindh Bank, New Delhi and he prayed that some time may be given to him to make the payment. As the petitioner failed to make the payment of the said amount within 15 days, a complaint was filed before the Chief judicial Magistrate, Jhansi.

(3.) THE learned Magistrate summoned the accused (petitioner herein) under section 138 of the Negotiable Instruments Act, 1881 vide his order dated 4. 8. 1992. Against the said order a revision was preferred before the Sessions Judge, Jhansi, which was dismissed by the 1st. Addl. Sessions Judge by his order dated 19. 8. 1993. The learned Addl. Sessions Judge observed that the order of the learned Magistrate was correct, proper and legal.