RANJIT SINGH Vs. SUKHRAJ SINGH

JUDGEMENT

(1.) Ranjit Singh, the petitioner had been proceeded against by Sukhraj Singh, the complainant-respondent in proceedings under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") on the brief allegations that in discharge of a legal liability, the petitioner issued a cheque in a sum of Rs. 4,00,000/- on 5.5.2006 drawn on State Bank of Patiala, Gurusar Branch in favour of the complainant and when the said cheque was put for collection, it was dishonoured on the ground of "insufficient funds", vide memo dated 24.5.2006. It is further the allegation of the complainant that a legal notice dated 2.6.2006 was issued to the accused calling upon him to make payment of Rs. 4,00,000/- but he failed to make the payment within the stipulated period and hence he filed the complaint.

(2.) The said complaint ended in conviction of the petitioner for the said offence vide judgment dated 11.12.2010 passed by learned Judicial Magistrate Ist Class, Malout and he was awarded rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/- with rigorous imprisonment in default of payment of fine for a period of one month vide order of the same date. The petitioner challenged the said judgment of conviction and order on sentence by way of an appeal, which has been dismissed by learned Additional Sessions Judge, Sri Muktsar Sahib vide judgment dated 23.5.2012. It is the aforesaid judgments which are challenged by the petitioner by way of this revision petition.

(3.) I have heard Mr. S. C. Arora, learned counsel for the petitioner and have gone through the record carefully.