JOGINDER ARORA Vs. PANKAJ DUDEJA

JUDGEMENT

(1.) Present criminal revision has been preferred by the petitioner - Joginder Arora against judgment dated 19.07.2012 passed by learned Additional Sessions Judge, Faridabad, thereby dismissing the appeal filed by the petitioner against the judgment of conviction dated 10.03.2011 and order of sentence dated 11.03.2011 passed by the learned Judicial Magistrate Ist Class, Faridabad, 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 two years and pay a fine of L 10,000/-.

(2.) Brief facts of the case are that criminal complaint No.30 dated 09.04.2011 was filed by the respondent-complainant against the petitioner under Section 138 of the Negotiable Instruments Act with the averments that the accusedpetitioner in discharge of his part of liability issued cheque for a sum of L .1,00,000/-. Said cheque on presentation for encashment was dishonoured with the remarks "insufficient funds". Thereafter, the complainant served notice upon the accused, but the accused failed to comply with the notice. After recording preliminary evidence, vide order dated 29.01.2007, 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 Om Dutt Sharma, Clerk, Vijaya Bank NIT Faridabad as CW1 and himself as CW2.