RIPUDAMAN KAPIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition is directed against the judgment dated 13.11.2002 (hereinafter as 'impugned judgment'), delivered by the learned Additional Sessions Judge, Jalandhar, (hereinafter as 'Appellate Court'), upholding the judgment/order dated 01.08.2002 passed by the learned Judicial Magistrate, 1st Class, Jalandhar (hereinafter as 'trial Court') whereby the accused-Petitioner has been convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- and in default thereof, to further undergo rigorous imprisonment for a period of three months.

(2.) The prosecution story, in brief, as emanating from the judgment of learned Appellate Court is that M/s. Relan Trade Linkers filed a criminal complaint under Section 138, 141 and 142 of the Act read with Section 406 and 420 IPC, before the learned trial Court with the allegations that the Petitioner- accused/Company has purchased various goods on credit from the complainant. The credit account of the Petitioner-accused existed in the books of account maintained by the complainant and there was a legal debt of Rs. 1,23,779/- against the accused-Petitioner. During the course of the business, the Petitioner issued a cheque bearing No. 648982 dated 24.08.1998 for Rs. 70,000/- drawn on State Bank of Patiala, Hamirpur Branch, in favour of the complainant towards part payment of the due amount. The said cheque was presented by the complainant for encashment with its Banker on 25.8.1998. On 4.9.1998, the cheque in question was dishonoured by the Banker with remarks 'no sufficient funds'. On 17.9.1998, a legal notice was served by the complainant upon the accused-Petitioner which was duly received by the Petitioner but even then no payment was made.

(3.) The learned trial Court, on the basis of preliminary evidence, summoned the accused to face trial under Section 138 of the Act to which the accused pleaded his innocence and claimed trial.