RAJESH DEVI Vs. SATBIR

JUDGEMENT

(1.) Challenge in the present revision petition is to the judgment dated 9.2.2018 passed by the learned Additional Sessions Judge, Rohtak, whereby while setting aside the judgment of conviction and order of sentence dated 27.01.2016 passed by the learned Judicial Magistrate, 1st Class, Rohtak, the respondent was acquitted of the charge framed against him.

(2.) A complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), was filed by the petitioner-complainant with the averments that the respondent had purchased a Trailer bearing Registration No. HR-46B-5726 from the complainant on 24.05.2006 and that in this regard an agreement of the even date was also executed between the parties. As per the said agreement, the respondent had undertaken to pay the outstanding instalments of the vehicle purchased by him from the complainant. The complainant had purchased the said vehicle by availing of a loan from the Induslnd Bank. However, in contravention of the agreement dated 24.05.2006 entered between the parties, the respondent did not pay the instalments of the loan and the complainant had got cleared the said loan through her guarantor Sh. Ram Bhaj by way of a full and final settlement with the Bank in the year 2011. The respondent against the said liability, on 30.06.2013 issued a cheque for an amount of Rs. 10,75,000/- drawn on the Central Bank of Sanjarwas (Bhiwani), but when presented for encashment, the said cheque got dishonoured.

(3.) On the basis of the evidence led by the parties and after considering the rival contentions, the learned trial Court found the respondent guilty for the offence under Section 138 of the Act and he was accordingly sentenced to undergo simple imprisonment for six months and also to pay 50% of the cheque amount by way of compensation to the complainant and, in default thereof, to further undergo simple imprisonment for two months.