TARLOCHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 26.03.2009, passed by Additional Sessions Judge, Fast Track Court, Ludhiana, dismissing the appeal preferred by the accused (herein referred as "the petitioner") against the judgment dated 23.01.2007, convicting him under Section 138 of the Negotiable Instruments Act and sentencing him to undergo rigorous imprisonment for a period of 1-1/2 year and to pay a fine of Rs. 2,000/-.

(2.) A brief resume of facts is that the complainant-respondent No. 2 (herein referred as 'the respondent') and the petitioner are the relatives. The petitioner had approached the respondent in the month of August, 2003 and requesting her for some financial help in connection with business Purposes. The respondent, being a close relative, agreed to the same and advanced him a sum of Rs. 5,65,000/- on account of loan to the petitioner on the assurance that he will repay the loan on receipt of the payment from the market within a short span of time. In the year 2004, the respondent approached the petitioner with a request to return her the loan but the petitioner again sought six months time. After the expiry of said six months, the respondent again approached the petitioner but he started delaying the matter on one pretext or the other. Ultimately, in order to discharge his legally enforcement liability, the petitioner issued a cheque bearing No. 105132 F dated 01.06.2005, for Rs. 5,65,000/- drawn on UCO Bank, Branch Khanna out of his account No. 9545. On presentation of the said cheque for encashment through her banker i.e. Jammu & Kashmir Bank, Branch Khanna, the said cheque was received back dishonoured vide memo dated 02.06.2005 from UCO Bank, Khanna, with the remarks "funds insufficient". After issuing legal notice dated 14.06.2005, upon the petitioner, the present complaint was filed.

(3.) After recording the preliminary evidence, process was issued against the petitioner. Upon service, the notice of accusation issued to which he denied and opted to contest.