SUKHDEV KAUR Vs. SATWANT SINGH

JUDGEMENT

(1.) PETITIONER -Sukhdev Kaur has filed the present revision petition challenging the judgment and order dated 2.7.2009, passed by Chief Judicial Magistrate, Faridkot, vide which she was convicted under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the Act') and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of ' 5,000/- and in default of payment of fine to undergo further imprisonment for two months, as well as against judgment dated 8.2.2011, passed by the Additional Sessions Judge, Faridkot, vide which the appeal preferred by the petitioner was dismissed.

(2.) THE factual matrix necessary for the disposal of this petition is that Satwant Singh complainant/respondent filed a complaint under Section 138 of the Act on the allegations that the accused borrowed a sum of '1,00,000/- from him and promised to repay the same after few months. On demand she (accused) issued a cheque Ex.Pl dated 10.11.2007 for a sum of '1,00,000/- drawn on Oriental Bank of Commerce, Faridkot. When the said cheque was presented for encashment, the same was dishonoured vide memo Ex.P2 dated 10.11.2007 with remarks "Insufficient Funds". Notice, copy of which is Ex.P3 was served upon the petitioner requiring her to pay the cheque amount, but of no effect. As the petitioner failed to pay the outstanding amount, a complaint under Section 138 of the Act was filed. After pre liminary evidence the petitioner was summoned by the trial Court.

(3.) I have heard the learned counsel for the petitioner and have gone through the record.