ANIL DHIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed impugning the judgment dtd. 12/5/2017 passed by the Additional Sessions Judge, Ludhiana whereby the appeal filed by the petitioner was dismissed and the judgment of conviction dtd. 14/9/2015 passed by the Judicial Magistrate Ist Class, Ludhiana was upheld.

(2.) The brief facts of the case are that the complainant-Sh. Pankaj Galhotra proprietor M/s Anahita Enterprises filed this complaint alleging inter alia that he was doing the business of manufacturing knitted fabric and the accused No.1-Anil Dhir (petitioner No.1 herein) on behalf of accused No.2-M/s Refine Traders (petitioner No.2 herein) purchased the said goods from the complainant through invoice No.32 dtd. 20/3/2013 for Rs.4,58,000.00 and in order to discharge their legal enforceable liability towards the complainant, the accused No.1/petitioner No.1 on behalf of accused No.2 issued a cheque bearingNo.985877 dtd. 23/3/2013 for Rs.4,58,000.00 drawn on Oriental Bank of Commerce, 2594, Main Road Sunder Nagar, Ludhiana in favour of the complainant, with the assurance that the same would be encashed on its presentation. However, on presentation of the said cheque by the complainant through his bankers, the cheque was received back dishonoured with the remarks "pening Balance Insufficient" vide bank memo dtd. 29/3/2013. Upon this, the complainant got issued the statutory legal notice through his counsel on 25/4/2013 calling upon the accused to make good the amount covered under the cheque in question but despite this, the accused did not pay the said amount within 15 days from the date of receipt of the notice. Hence, the complainant had been constrained to file a complaint.

(3.) Based on the evidence, the accused came to be summoned vide order dtd. 21/5/2013. Notice of accusation was served upon him on 20/2/2014. During the course of post summoning evidence, Pankaj Galhotra-complainant stepped into the witness box as CW-1 and proved on record documents i.e. invoice Ex.C1, cheque Ex.C2, memo Ex. C3, legal notice Ex.C4, postal receipts Ex.C5 and Ex.C6.