MOHAN VIKRAM SINGH Vs. RAJ SINGH

JUDGEMENT

(1.) The petitioner was tried for committing the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). Vide judgment and order dated 21.03.2018, the petitioner was convicted of the said offence and sentenced to undergo imprisonment for a period of two years and to pay an amount of Rs. 10,00,000/- i.e. double the amount of the cheques in question to the complainant. Out of the said amount a sum of Rs. 10,000/- was ordered to be treated as a fine and the remaining amount as compensation to be paid to the complainant.

(2.) The appeal filed by the petitioner was partly allowed by the learned Additional Sessions Judge, Jind on 19.8.2019, whereby while maintaining the conviction part, sentence imposed upon the petitioner was reduced from two years to that of one year. Still further, the amount of fine was reduced to Rs.5,000/- and the remaining amount of Rs.5,000/- was ordered to be refunded to the petitioner Still aggrieved, the petitioner has preferred the present revision petition.

(3.) Learned counsel for the petitioner has vehemently argued that both the Courts below have not taken into account that the complainant had failed to prove on record that the cheques in question were issued by the petitioner in discharge of any liability as envisaged under Section 138 of the Act. It is further argued that as per the version of the complainant, the petitioner had borrowed an amount of Rs.5,00,000/- from the complainant to contest the election of village Panchayat and in lieu thereof he had issued two cheques bearing Nos. 065669 and 065670 dated 15.01.2016 amounting to Rs.2,50,000/- each. Thus, it is contended that the debt of Rs.5,00,000/- lacs was not a legally enforceable debt and that had this fact been taken into consideration in the right perspectives by the Courts below, the complaint would have been dismissed.