SANJAY KUMAR Vs. MANMOHAN SINGH

JUDGEMENT

(1.) Present criminal revision has been preferred by the petitioners against judgment dated 19.03.2012 passed by learned Additional Sessions Judge, Gurgaon, thereby dismissing the appeal filed by the petitioner against the judgment of conviction dated 09.02.2011 and order of sentence dated 11.02.2011 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 simple imprisonment for a period of six months and directed to pay compensation under Section 357(3) Cr.P.C. amounting to Rs.4,00,000/- i.e. the cheque amount, to the complainant within two months from the date of the judgment.

(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 the complainant lent to the accused-petitioner a sum of Rs. 4,00,000/- in cash on 04.06.2002 and in order to discharge liability to pay back amount of Rs. 4,00,000/-, the accused issued cheque bearing No. 632165 dated 4.12.2002. Said cheque on presentation for encashment was dishonoured with the remarks "insufficient funds". Thereafter, the complainant served notice dated 20.12.2002 upon the accused, but the accused failed to comply with the notice. After recording preliminary evidence, the accusedpetitioner 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 Balram, Officer of Canara Bank, Gurgaon as PW1, Sh. Vijender Singh Yadav, Officer Bank of India, Gurgaon as PW2, Narender Singh, Clerk with sh.JK Dang, Advocate as PW3 and himself as PW4 and closed his evidence. No evidence in defence was led by the accused.