ASHOK KUMAR Vs. KASHMIR SINGH

JUDGEMENT

(1.) The instant petition is directed against the judgment and order dated 11.10.2010, passed by the Judicial Magistrate, Amritsar, whereby the petitioner has been convicted for commission of offence under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo rigorous imprisonment for a period of 01 year along with fine of Rs. 2,000/-, and in default of payment of fine, to further undergo simple imprisonment for a period of one month; and the judgment dated 19.09.2012, passed by the Additional Sessions Judge, Amritsar, whereby, the appeal preferred by the petitioner, against the judgment of conviction and order of sentence dated 11.10.2010, has been dismissed.

(2.) Briefly stated, facts of the present case are that the accusedpetitioner took friendly loan of Rs. 1,35,000/- from the complainantrespondent. The petitioner issued cheque No.04851 dated 13.08.2007, amounting to Rs. 1,35,000/-, in favour of the complainant, in order to discharge his legally enforceable liability. The said cheque was presented for encashment but was returned unpaid by the banker on 25.09.2007, with remarks, 'Account closed'. The complainant approached the accused in this regard twice, but to no avail. Thereafter, a legal notice dated 17.10.2007, was issued to the accused and ultimately, the present complaint was filed.

(3.) After hearing learned counsel for both the parties and perusing the record, the learned trial Court convicted and sentenced the accused-petitioner vide judgment dated 11.10.2010, for the offence and terms as indicated at the outset.