SHAMSHER SINGH Vs. UJAGAR SINGH

JUDGEMENT

(1.) Petitioner-Shamsher Singh was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" for short) by the Judicial Magistrate 1st Class, Ambala Cantt. in a complaint filed by complainant-Ujagar Singh-respondent No. 2 vide judgment dated 4.3.2010. Vide order dated 5.3.2010, accused was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,50,000/- to the complainant under Section 138 of the Act. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Ambala vide judgment dated 29.4.2010. Hence, the present revision petition has been filed by the petitioner. Brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are reproduced hereinbelow:

(2.) In short, complainant had filed the complaint under Section 138 of the Act against the accused in the Court of JMIC, Ambala on the allegations that he was acquainted with the accused for the last many years. Accused had approached him to advance them some loan. Accordingly, he (complainant) had extended he friendly loan of Rs. 4 lakh to them in the month of May, 2007. In order to discharge their liability, accused had issued cheque No. 917688 dated 10.10.2007 for a sum of Rs. 4 lakh, drawn on IC1C1 Bank Ltd. Ambala City in his favour. He had presented this cheque for payment. However, the cheque was returned unpaid with the remarks 'funds insufficient'. He had issued the notice dated 13.12.2007. The notice was duly served upon the accused. However, accused did not make the payment. On these facts, complainant had filed the present complaint under Section 138 of the Act.

(3.) The reasons given by the Appellate Court are sound reasons.