JOGINDER RAM Vs. DAVINDER KUMAR

JUDGEMENT

(1.) Petitioner-Joginder Ram was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short) by the Judicial Magistrate 1st Class, Phagwara vide judgment dated 10.10.2003 in a complaint filed by complainant-Davinder Kumar.- respondent. Vide order of even date, petitioner-accused was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5,000/- under Section 138 of the Act. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Sessions Judge Kapurthala vide judgment dated 3.11.2004. Hence, the present revision petition has been filed by the petitioner.

(2.) Brief facts of the case, as noticed by the appellate Court in para 2 of its judgment, are reproduced here in below :-

(3.) Learned counsel for the appellant has submitted that the complainant had failed to establish that the cheque in question has been issued qua legal liability. In fact, there were business dealings between the parties and cheque in question had been misappropriated by the complainant. In fact, the cheque in question had been materially altered by the complainant and hence, the cheque in question was rendered void.