VEENA RANI Vs. SOHAN SINGH SODHI AND ANOTHER

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the judgment dated 03.12.2011 (Annexure P-5), passed by learned Additional Sessions Judge, Ferozepur, whereby the appeal filed by the petitioner challenging the judgment of her conviction and sentence dated 17.11.2010 was dismissed.

(2.) The brief facts of the case are that the petitioner and the respondent-complainant were known to each other. The petitioner obtained loan from the respondent/complainant and in discharge of her liability, issued a post dated cheque bearing No.0569760 dated 14.02.2008, worth Rs.2 lacs drawn on Bank of Baroda, Ferozepur City Branch, where the petitioner was maintaining her account. On presentation of the cheque, it bounced and after completing the formalities, the complaint was filed before learned Judicial Magistrate Ist Class, Ferozepur. After trial, learned trial court vide her judgment dated 17.10.2010 held the petitioner guilty for the offence punishable under Section 138 of the Negotiable Instrument Act and awarded the sentence of simple imprisonment for two years besides payment of fine of Rs.10,000/-, in default of which, the petitioner had to undergo further simple imprisonment for one month.

(3.) The judgment of the learned trial court was challenged before learned Additional Sessions Judge, Ferozepur, by way of Criminal Appeal No.28, dated 11.12.2010, which was dismissed on 03.12.2011 while passing the following order:-