SURTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for committing the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). Vide judgment and order dated 09.5.2008, learned Judicial Magistrate 1st Class, Ferozepur held the petitioner guilty under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5,000/- and, in default of payment thereof, to further undergo rigorous imprisonment for one month.

(2.) Aggrieved there-against, the petitioner filed an appeal before the learned Sessions Judge, Ferozepur. Vide judgment dated 19.3.2009, the learned Additional Sessions Judge, Ferozepur, dismissed the appeal filed by the petitioner, thereby affirming the judgment and order passed by the learned trial Magistrate. Still aggrieved, the petitioner has preferred the present revision petition.

(3.) Brief facts of the present case are that the petitioner-accused had obtained an amount of Rs. 6,00,000/- from the complainant-respondent as loan and in order to discharge his liability of debt, he had issued a cheque No. 356982 dated 4.11.2003 for a sum of Rs. 6,00,000/- in favour of the complainant. The said cheque was presented for encashment but the same was returned unpaid with the remarks "insufficient funds" vide memo dated 01.12.2003. Thereafter, a legal notice dated 23.12.2003 was issued to the petitioner but to no effect. Hence, the complaint under Section 138/142 of the Act was filed.