BALVINDER SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Balvinder Singh Yadav accused/petitioner (herein referred as the petitioner) was slapped with the sentence of six months under section 138 of the Negotiable Instruments Act (hereinafter referred as the Act), by Judicial Magistrate First Class, Hisar on account of Crl. Rev No.3134 of 2010 2 dishonour of the cheque issued by him in the sum of Rs. 4,23,000/- and he was further directed to pay a sum of Rs. 2,00,000/- on account of compensation under Section 357 (3) of the Code of Criminal Procedure to respondent No.2.

(2.) The appellate court vide judgment dated 17.11.2010, while dismissing the appeal and accepting the revision filed by the complainant, enhanced the compensation to the tune of Rs. 5,00,000/- payable by the petitioner.

(3.) In nutshell the allegations, as contained in the complaint filed by Ram Singh complainant (hereinafter referred as the complainant), are that in order to discharge his legally enforceable liability of loan, the petitioner had issued a cheque bearing No.269112 dated 18.05.2004 for a sum of Rs. 4,23,000/- drawn on State Bank of Patiala, Mandi Adampur in favour of complainant/respondent. When the cheque was tendered for collection in the State Bank of Patiala, Charkhi Dadri, the same was sent by the banker of the complainant to the banker of the accused but the latter returned the same with the remarks 'insufficient funds' about which he was informed vide memo dated 25.05.2004 which was received by him on 27.05.2004. A legal notice was served upon the petitioner on 10.06.2004 but it remained unresponded. Consequently, complaint was filed.