JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present criminal revision petition is to the order dtd. 2/8/2019 passed by the Chief Judicial Magistrate, Sri Muktsar Sahib, vide which the petitioner has been convicted under Sec. 138 of the Negotiable Instruments Act, 1881 (in short "NIA") and has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5000.00 and in default of payment of fine, to further undergo rigorous imprisonment for one month; as also the order dtd. 17/8/2021 vide which the appeal filed against the order dtd. 2/8/2019 has been dismissed by the Additional Sessions Judge, Sri Muktsar Sahib.

(2.) Briefly stated the case of the complainant is that the accused (petitioner herein) used to visit the complainant's commission agency at New Grain Market, Sri Muktsar Sahib and used to take loan as and when required by him. It was alleged that the complainant's firm maintained account books consisting of Rokar Bahi, Khata Bahi etc. It was also alleged that from the period 2/5/2017 to 1/12/2017, several amounts were given to the petitioner and in order to discharge the said liability, the petitioner issued a cheque bearing no.303014 dtd. 1/12/2017 amounting to Rs.11,70,000.00 drawn on Canara Bank out of his account no.3162101478. The said cheque was dishonoured and bank returned the cheque vide memo dtd. 1/12/2017 with the remarks "Funds Insufficient". Legal notice was issued on 14/12/2017 and when, despite service of the notice, the petitioner failed to pay the cheque amount, the complaint under Sec. 138 of NIA was filed.

(3.) The complainant had examined himself as CW-1 and had reiterated his version given in the complaint. Notice of accusation was served upon the petitioner, who pleaded not guilty and claimed trial.