GURPREET SINGH AND ANOTHER Vs. PUSHPINDER SINGH

JUDGEMENT

(1.) Present criminal revision has been preferred by the petitioners against judgment dated 09.08.2012 passed by learned Additional Sessions Judge, Sri Muktsar Sahib, thereby dismissing the appeal filed by the petitioners against the judgment of conviction and order of sentence dated 28.03.2011 passed by learned Judicial Magistrate Ist Class, Sri Muktsar Sahib, vide which the petitioners have been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5000/- each. In default, further undergo simple imprisonment for a period of three months.

(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 with the averments that the accused took a loan from the complainant of Rs.5,00,000/- and in order to discharge liability to pay back loan amount of Rs. 5,00,000/-, the accused issued cheque bearing No.045321 dated 29.12.2008. Said cheque on presentation for encashment was dishonoured with the remarks "insufficient funds".

(3.) Thereafter, the complainant served notice dated 07.01.2009 upon the accused, but the accused failed to comply with the notice. After recording preliminary evidence, the accused-petitioners were summoned under Section 138 of the Negotiable Instruments Act. Finding a prima facie case against the petitioners, notice of accusation was served upon the accusedpetitioners to which the accused-petitioners pleaded not guilty and claimed trial.