KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present Criminal Revision Petition is to the judgment dtd. 11/1/2018 passed by the Judicial Magistrate 1st Class, Patiala, vide which the petitioner had been convicted under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") and also to the order on quantum of sentence of even date, vide which the petitioner had been awarded the sentence which reads as follows:-

(2.) Challenge has also been made to the judgment 31/1/2020 passed by the Additional Sessions Judge, Patiala, vide which the appeal preferred by the petitioner against the abovesaid judgment dtd. 11/1/2018 and order on quantum of sentence of even date, had been dismissed.

(3.) Brief case of the prosecution is that a complaint was filed under Sec. 138 of the Act of 1881 read with Sec. 420 of the IPC, against the present petitioner for dishonour of cheque bearing No.000503 dtd. 30/6/2015 for a sum of Rs.1,00,000.00 drawn on Oriental Bank of Commerce in favour of the complainant. It was the case of the complainant that the petitioner had borrowed a sum of Rs.1,00,000.00 from the complainant on 18/2/2013 and had promised to return the same within a period of 8/9 months and the petitioner had initially issued a cheque bearing No.818365 dtd. 12/12/2013 amounting to Rs.1,00,000.00 drawn on Punjab National Bank in favour of respondent No.2/complainant and the said cheque was dishonoured on account of "funds insufficient" vide memo dtd. 1/3/2014. Thereafter, the matter was reported to the petitioner and the present cheque dtd. 30/6/2015 was issued by the petitioner in favour of respondent No.2/complainant. Vide memo dtd. 2/7/2015, cheque dtd. 30/6/2015 was also dishonoured with the remarks "Funds Insufficient". A legal notice was served and thereafter, the complaint was filed.