MOHAN LAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner-accused (herein referred as 'the accused') was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 4,000/- under Section 138 of the Negotiable Instruments Act, 1881 (herein referred as 'the Act') vide judgment dated 30.11.2002, passed by Judicial Magistrate Ist Class, Nabha and his appeal was also dismissed on 16.07.2003.

(2.) The facts, in nutshell, are that Surinder Kumar respondent complainant (herein referred as 'the complainant') preferred a complaint containing the facts that in the month of May, 2001, he had supplied 40,000 bricks to the accused vide bill No.617 and 618 dated 04.05.2001 & 05.5.2001 respectively against which in the month of October, 2001, the accused paid a sum of Rs. 9,000/- to him and also handed over a cheque bearing No.176229 dated 21.11.2001, drawn on Oriental Bank of Commerce, Nabha, for a sum of Rs. 41,015/- with the assurance that the cheque would be honoured on the due date i.e. 2111.2001. On presentation of the cheque, the same was dishonoured with the remarks "Insufficient funds" and was returned to the complainant on 03.12.2001. Consequently, the complainant issued a notice on 18.12.2001 but to no response. Ultimately, he filed a complaint.

(3.) After recording the preliminary evidence, the accused was summoned and notice of accusation was issued to him. Thereafter, on completion of evidence of the complainant, the accused was examined under Section 313 Cr.P.C. wherein he denied all the allegations. In defence, he examined Navdeep Gupta, Handwriting and Finger Prints Expect (DW1).