SATISH KUMAR Vs. KARNAIL SINGH AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the order passed by the Additional Sessions Judge, Yamuna Nagar whereby he has set aside the conviction of the petitioner recorded under Section 138 of the Negotiable Instruments Act and sentence of six months imprisonment imposed on him coupled with sum of Rs. 66,000/- awarded as compensation under Section 357 (1) Criminal Procedure Code The appellate Court, thereafter, has remanded case to the trial Court by observing that the complainant was not subjected to cross examination but still on the basis of the evidence given by the complainant, the conviction of the petitioner was recorded. Being aggrieved against this, the petitioner-accused has filed this revision petition.

(2.) The facts in brief are that the complainant filed complaint against the petitioner that he had issued cheque bearing No. 309682 dated 01.04.2005 for sum of Rs. 55,000/- to discharge the existing liability. The cheque, when presented for encashment, was returned on 12.05.2005 with the remark 'insufficient balance'. Legal notice was served and the complaint was filed leading to summoning of the petitioner to face trial under Section 138 of the Negotiable Instruments Act.

(3.) In order to prove the case against the petitioner, the complainant examined Kapil from HDFC Bank, Yamuna Nagar, Avinash Kumar, Officer from Oriental Bank of Commerce, Karnal and he himself appeared as witness. The petitioner after trial was convicted and awarded sentence as already noticed. He, accordingly, assailed this conviction and sentence by filing an appeal.