GURSEWAK SINGH Vs. GUPTA SALES CORPORATION

JUDGEMENT

(1.) Vide judgment dated 10.07.2009 passed by Sub Divisional Judicial Magistrate, Phul, the petitioner was convicted in a complaint filed under Section 138 of Negotiable Instruments Act, holding that the petitioner has committed offence under Section 138 of Negotiable Instruments Act, 1881 (herein referred as 'Act').

(2.) Accordingly, the petitioner was sentenced to undergo rigorous imprisonment for one year. The petitioner was also burdened with the amount of compensation at Rs. 9,30,000/- to defray the amount of cheque and other expenses undertaken by the complainant to prosecute him. The petitioner was further burdened with cost of litigation of Rs. 1000/-. The period of sentence already undergone during the trial of the case was ordered to be set off against the sentence awarded to the petitioner.

(3.) The petitioner preferred an appeal against the aforesaid judgment dated 10.07.2009. The complainant also filed a revision against the aforesaid judgment of the trial Court seeking enhancement of compensation and sentence awarded to the convict/accused/petitioner. The said appeal as well as revision petition were dismissed by the Additional Sessions Judge (Fast Track Court) Bathinda, vide impugned judgment dated 23.09.2011 holding that there was no infirmity in the judgment of the trial Court.