A K SONI Vs. PAWITTAR SINGH

JUDGEMENT

(1.) Partners of Soni Coal Company preferred Criminal Complaint No.29 of 1990. They averred in the complaint that the accused/respondent Pawittar Singh had issued three cheques, the detail of which is as under: <FRM>JUDGEMENT_511_TLP&H0_2010_1.html</FRM>

(2.) These cheques were presented. Cheque No. 608714 amounting to Rs.10,000 was returned on 11.7.1990, whereas other two cheques were returned on 10.7.1990. Complainant had issued a notice Ex. P6 on 17.7.1990.

(3.) Complainant led preliminary evidence and the accused were summoned to stand trial. After the complainant had led his evidence, the Court of Judicial Magistrate 1st Class, Kharar convicted accused/respondent Pawittar Singh to undergo rigorous imprisonment for three months under Section 138 of the Negotiable Instruments Act. The accused/respondent was also made liable to pay a fine of Rs. 1,000. In default of payment of fine, he was to undergo further rigqr-ous imprisonment for one month. Aggrieved against his conviction and sentence, Pawittar Singh accused/respondent had filed an appeal. The Appellate Court relied upon a judgment of this Court rendered in Gulshan Rai v. Darshan Lal, 1994 3 RCR(Cri) 500; to hold that cheques were also presented and notice was not given from the date, they were returned. Re-presentation of the cheques and their return cannot be construed as a point for commencement of limitation. The observations which led to acquittal of the accused/respondent are mentioned in para 9 of the impugned judgment and the same read as under: