KULDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner assailing the order passed by the Judicial Magistrate, 1st Class, Fatehgarh Sahib dtd. 24/4/2018 by which, the petitioner was held guilty of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo imprisonment for one year along with payment of the amount in question as compensation as well as the order passed in appeal by the Additional Sessions Judge, Fatehgarh Sahib dtd. 17/8/2021 by which the appeal preferred by the petitioner has been dismissed.

(2.) Learned counsel for the petitioner submits that though, the cheque in question bears the signatures of the petitioner but, the same was not in discharge of any liability and, therefore, the offence for which the petitioner has been convicted and sentenced to undergo imprisonment, is not correct. Learned counsel for the petitioner further submits that even otherwise, the complainant has not been able to show as to from where the amount, which was paid to the petitioner, was procured and as the source of the amount, paid to the petitioner, the return of which was being effected through the cheque issued by the petitioner, which cheque ultimately bounced was not shown by the complainant, no offence could be made out against the petitioner.

(3.) I have heard the learned counsel for the petitioner and have gone through the record of the case with his able assistance.