SANTOSH DHINGRA Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) Challenge in the present revision petition is to the judgment dtd. 2/2/2018 passed by the Judicial Magistrate 1st Class, Patiala vide which the petitioner has been convicted under Sec. 138 of the Negotiable Instruments Act, 1881 and has been sentenced to undergo rigourous imprisonment for 10 months and compensation equivalent to the cheque amount along with 12% interest per annum from the date of transaction to the actual realisation and simple imprisonment of 3 months in default of compensation.

(2.) Challenge is also to the judgment dtd. 11/10/2021 passed by the Additional Sessions Judge, Patiala vide which the appeal filed by the petitioner was dismissed.

(3.) Learned counsel for the petitioner has submitted that in the present case, there was no legally recoverable debt in as much as the cheque in question is dtd. 17/5/2016 and an amount of Rs.3,58,00,000.00 is stated therein, whereas, CW-1 in the cross examination has stated that an amount of Rs.2,12,22,176.00 is due as on 8/8/2016. It is thus argued that the amount which is due is lesser than the amount of cheque. It is further submitted that in the present case, the cheque that was given, was a blank cheque, as a guarantee for the loan advanced to M/s Jyoti Chemical and Fertilizers and in case of dishonour of a blank cheque, the offence under Sec. 138 of the Negotiable Instruments Act is not made out and the judgements and order of sentence of the Courts below deserve to be set aside on the said ground.