SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is petitioner's revision petition against the judgment dated 17.05.2003, passed by Addl .Sessions Judge, Jalandhar, dismissing his appeal against the judgment dated 27.04.2002, passed by Judicial Magistrate Ist Class, Jalandhar, convicting and sentencing him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000/- for the offence under Section 138 of the Negotiable Instruments Act (herein referred as 'the Act').

(2.) The case is based on the cheque dated 20.10.1997, for a sum of Rs. 2,25,000/- issued by the accused in favour of respondent No. 2- complainant (herein referred as 'the complainant') in lieu of the legally enforceable liability, with the assurance that the same would be honoured. The complainant had tendered the said cheque in the bank but the same was returned on 22.10.1997 with the remarks "Exceeds Arrangement". On the request and assurance of the complainant, the cheque was again tendered on 26.11.1997 but the same was again dishonoured. The complainant issued a registered notice on 09.12.1997 but to no response, hence the complaint was filed.

(3.) On the basis of preliminary evidence, the accused was summoned and notice of accusation was served upon him to which he pleaded not guilty and claimed trial.