RAJESH SHARMA Vs. SATYAWAN SINGH

JUDGEMENT

(1.) PRESENT criminal revision has been preferred by the petitioner against judgment dated 6.12.2012 passed by learned Additional Sessions Judge, Sonipat, thereby dismissing the appeal filed by the petitioner against the judgment of conviction dated 18.1.2011 and order of sentence dated 20.1.2011 passed by learned Additional Chief Judicial Magistrate, Sonipat, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of one year and in default, further undergo simple imprisonment for a period of three months. The petitioner-accused has further been ordered to pay Rs.5,50,000.00 as compensation under Section 357(3) Cr.P.C. to the complainant-respondent.

(2.) BRIEF facts of the case are that criminal complaint was filed by the respondent-complainant against the petitioners under Section 138 of the Negotiable Instruments Act read with Section 420 of the Indian Penal Code with the averments that the accused took a loan from the complainant of Rs.3,00,000.00 on 15.8.2003 at the interest of 2% per month and in order to discharge liability to pay back loan amount of Rs.

(3.) THEREAFTER , statement of the accused was recorded under Section 313 Cr.P.C. In defence the accused examined Sushil Parshad Manager, HDFC Bank, Sonipat and tendered stop payment instruction Ex.D1, letter of stop payment Ext. D2 and account statement Ex.D3. All incriminating circumstances were put to him. He denied the same and pleaded innocence.