SURINDER DHIRAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') against judgment dated 25/10/2004 passed by the then learned Additional Sessions Judge, Sonepat, vide which appeal against judgment/order dated 28/10/2003 passed by the then Additional Chief Judicial Magistrate, Sonepat, vide which revision petitioner was convicted for offence under Section 138 of the Negotiable Instrument Act, 1881.(hereinafter to be called as the 'Act') and sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs.5000 and in default of payment of fine to further undergo simple imprisonment for one month and he was also directed to pay Rs.2,20,000 as compensation to the complainant under Section 357 Cr.P.C. and in case of non-payment of compensation to undergo simple imprisonment for a period of three months, was dismissed.

(2.) BRIEF factual matrix of the case are as under:

(3.) AFTER preliminary evidence, learned Magistrate summoned the accused for offence under Section 138 of the Act. Evidence of the complainant was recorded. Statement of accused in terms of Section 313 Cr.P.C. was also recorded by the Magistrate, in which he admitted having borrowed a sum of Rs.2,20,000 from the complainant. He has also admitted that he had issued cheque No.317302 dated 15.6.1996 for Rs.2,20,000 in favour of the complainant. He has also admitted having received the notice within a statutory period, however, he has taken the plea that he had already paid Rs. 1,75,000 to the complainant and however, he had issued receipt for only Rs. 45,000 and did not return the cheque. However, he did not plead any evidence in his defence.