TARLOK SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Present criminal revision has been preferred by the petitioner against judgment dated 16.11.2012 passed by learned Additional Sessions Judge, Ludhiana, thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 10.09.2009 passed by learned Judicial Magistrate First Class, Ludhiana, 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 two months and to pay a fine of L 500/-. In default, to further undergo rigorous imprisonment for three days.

(2.) Brief facts of the case are that criminal complaint was filed by respondent no.2 - complainant against the petitioner under Section 138 of the Negotiable Instruments Act with the averments that the petitioner took a loan from the complainant of L 10,000/- and in order to discharge liability to pay back loan amount, the accused issued cheque bearing No.764852 dated 28.02.2004 amounting to L 10,000/-. Said cheque on presentation for encashment was dishonoured with the remarks "Exceeds Arrangement". Thereafter, the complainant served legal notice dated 06.03.2004 upon the accused, but the accused failed to comply with the notice. After recording preliminary evidence, the accused-petitioner was summoned under Section 138 of the Negotiable Instruments Act. Finding a prima facie case against the petitioner, notice of accusation was served upon the accused-petitioner to which the accused- petitioner pleaded not guilty and claimed trial.

(3.) The complainant, in order to prove his case, examined Sukhdev Singh, Clerk State Bank of Patiala as CW1, Ravinder Singh, Senior Officer, ICICI Bank Model Town, Ludhiana as CW2 and himself as CW3 and closed his evidence.