ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal revision petition has been filed under Section 401 Cr.P.C. praying for setting aside the order of sentence passed by the learned Sessions Judge, Bhiwani and for running the three sentences concurrently passed vide three judgments dated 27.02.2018.

(2.) At the time of first hearing of the criminal revision, learned counsel for the petitioner requested that there are chances of compromise, hence the matter was adjourned. During the pendency of criminal revision, a compromise had been arrived at between the parties and they were directed to appear before the trial Court so as to get their statements recorded qua the factum of compromise. The petitioner was also given liberty to adduce evidence as regards his financial status including the assertion that he is in the category of 'Below Poverty Line'. The trial Court submitted report dated 18.1.2019, however, there was no finding as regards the assertion of the petitioner to the effect that he falls in the category of 'Below Poverty Line' although he has referred to the said Card in his statement recorded before the JMIC, Bhiwani. The trial Court was directed to furnish its opinion as regards the authenticity of aforesaid BPL certificate. Now vide report dated 16.02.2019, the Judicial Magistrate Ist Class, Bhiwani has opined that the petitioner is a BPL ration card holder and document produced by him is authentic document because the same has been issued by the Additional Deputy Commissioner, Bhiwani, which has been duly verified by his report dated 15.02.2019.

(3.) The complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') was filed by complainant-Sunil Bansal (respondent herein) in the Court of Chief Judicial Magistrate, Bhiwani with the averments that the accused is distantly related to him. The complainant is running a Readymade Garments Shop at Bhiwani. In May 2015, he advanced a sum of Rs. 3,10,000/- to the accused on the interest at the rate of 18% per annum. Thereafter, the accounts were settled between the parties and a sum of Rs. 3,60,000/- was due from the accused. On 5.4.2016, accused issued four cheques bearing Nos. 654296 to 654299 dated 5.4.2016 for a sum of Rs. 90,000/- each drawn on State Bank of India. Cheque No. 654298 was presented for encashment which was returned unpaid with the remarks that the cheque amount exceeds the funds in the account of the accused. He issued a notice to the accused asking him to make the payment. When the payment was not made, the complaint was filed in the Court of Chief Judicial Magistrate, Bhiwani, which was entrusted to the Court of Judicial Magistrate Ist Class, Bhiwani. The JMIC after following the due procedure, vide judgment dated 27.02.2018 convicted the accused under Section 138 of the NI Act and sentenced him to undergo simple imprisonment for nine months. He was also directed to pay Rs. 90,000/- as compensation to the complainant, in default thereof the accused was directed to further undergo additional simple imprisonment for six months. He filed appeal before learned Sessions Judge, Bhiwani, which was dismissed. Aggrieved from this judgment, the petitioner has filed criminal revision before this Court.