SAT PAL VERMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Complainant Davinder Kumar Gupta had brought a complaint under Section 138 of Negotiable Instruments Act against accused Sat Pal Verma on the allegations that there had been friendly relations between two of them for the last more than 20 years and accused had raised loans from him from time to time i.e. Rs. 1,00,000/-through cheque dated 13.1.2011, Rs.1,20,000/- on 19.1.2011 and lastly Rs.60,000/- on 8.3.2013 on the pretext that he was to get his house redeemed from the bank. In order to discharge that liability the accused had issued a post-dated cheque bearing No.502272 dated 15.3.2013 in the sum of Rs.3,80,000/- drawn on Punjab National Bank, Basti Nau Branch, Jalandhar in favour of the complainant. However, on presentation, the cheque was returned uncashed by the bank with a memo having remarks "Funds Insufficient". Thereafter, the complainant had got issued a legal notice dated 15.4.2013 upon the accused calling upon him to make payment of the cheque amount within 15 days from the date of receipt of notice but to no effect. As such the complaint was filed in the Court of Judicial Magistrate 1st Class, Jalandhar.

(2.) After recording of preliminary evidence, the accused was summoned and he put in appearance. Notice of accusation was served upon him. The complainant led evidence. Statement of accused under Section 313 Cr.P.C. was recorded. He led evidence in defence.

(3.) After hearing arguments, learned Judicial Magistrate 1st Class, Jalandhar vide judgment dated 6.4.2015 convicted the accused for an offence under Section 138 of Negotiable Instruments Act and vide order of the even date sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.5,000/- and in default of making payment of fine to undergo further rigorous imprisonment for a period of three months.