RAJ Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Present criminal revision has been preferred by the petitioner against judgment dated 11.9.2012 passed by learned Sessions Judge, Gurgaon, thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 7.7.2011 passed by learned Judicial Magistrate Ist Class, Gurgaon, 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 six months and to pay a compensation of Rs.2.00 lacs to the complainant.

(2.) Brief facts of the case are that criminal complaint was filed by the respondent-complainant against the petitioner under Section 138 of the Negotiable Instruments Act with the averments that the accused took a loan from the complainant of Rs.2,00,000/- and in order to discharge liability to pay back loan amount of Rs. 2,00,000/-, the accused issued cheque bearing No.309424 dated 18.12.2007. Said cheque on presentation for encashment was dishonoured with the remarks "insufficient funds". Thereafter, the complainant served notice dated 6.6.2008 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 accusedpetitioner pleaded not guilty and claimed trial.

(3.) The complainant, in order to prove his case, examined himself as CW1 and Satish Kumar Clerk, Canara Bank, Sector 10-A, Gurgaon and closed his evidence.