SUNIL KUMAR Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) Tersely, the facts and material, which need a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, are that, complainant-respondent No.2 Karnail Singh (for brevity "the complainant") filed a criminal complaint against petitioner-accused Sunil Kumar, for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the NI Act").

(2.) Having completed all the codal formalities and on the basis of evidence brought on record, the trial Magistrate convicted & sentenced the petitioner-accused to undergo rigorous imprisonment for a period of one year, to pay a fine of Rs. 3000/- and in default of payment of fine, to further undergo RI for a period of one month u/s 138 of the NI Act, by virtue of impugned judgment of conviction and order of sentence dated 14.9.2010.

(3.) Aggrieved by the impugned judgment of conviction & order of sentence, the petitioner filed the appeal, which was dismissed as well, by the appellate Court, by way of impugned judgment dated 5.7.2012.