HARBHAJAN SINGH AHUJA Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This petition has arisen out of the judgment dated 20.04.2011 passed by the learned Additional Sessions Judge, Jalandhar dismissing the appeal against the judgment dated 29.05.2009 convicting and sentencing the accused/petitioner (herein referred as the petitioner) to undergo R.I. for one year and to pay a fine of Rs. 2,000/- under section 138 of the Negotiable Instruments Act.

(2.) The petitioner had raised a family loan of Rs. 2,00,000/- from the complainant/respondent (herein referred as the respondent), and in order to discharge debt, the petitioner had issued a cheque No. 071350 dated 13.8.2006 for a sum of Rs. 2,00,000/- drawn on the Bank of Punjab Ltd. MGN Public School, Adarsh Nagar, Jalandhar out of his bank account No. 2188. On tendering of the said cheque, it was returned with the remarks 'insufficient funds' vide memo dated 15.09.2006. Consequently, the accused/respondent was served with a legal notice dated 25.09.2006 which was not replied, hence the complaint was filed by him against the petitioner.

(3.) After recording preliminary evidence, the petitioner was summoned and was issued notice of accusation which was contested by him. During trial, the complainant led oral as well as documentary evidence.