RANDHIR SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 CrPC for setting aside the order dtd. 23/8/2021, whereby the lower Appellate Court had directed the petitioner to make a deposit of 20% of the compensation awarded by the Trial Court on 6/10/2021 in appeal bearing No. CRA-296 of 2018 dtd. 26/10/2018/ 21/1/2020 titled as 'Randhir Singh Versus Amar Singh etc'.

(2.) Facts of the case in brief would show that respondent No.1/complainant had filed a criminal complaint NACT 241/2016 against the petitioner under Sec. 138/142 of the Negotiable Instruments Act on 4/4/2016 alleging therein that the petitioner was having friendly relations with him due to which a friendly loan to the tune of Rs.2,50,000.00 was advanced in January 2015. Cheque bearing No.000002 dtd. 22/1/2016, for a sum of Rs.2,50,000.00 was issued by the petitioner in discharge of the liability from his account in the HDFC Bank, Tuhana. Upon presentation of the said cheque, the same was returned dishonored with the bank return memo bearing the remark "funds insufficient" dtd. 26/2/2016. A legal notice dtd. 11/3/2016 was served upon the petitioner, however, on account of non-payment despite receipt of the legal notice, the complaint in question was instituted.

(3.) The parties led their respective evidence and upon consideration thereof the Judicial Magistrate First Class, Kaithal passed a judgment of conviction dtd. 28/9/2018 and sentenced the petitioner to undergo simple imprisonment for a period of 08 months for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act and further directed payment of compensation to the tune of Rs.2,50,000.00 in terms of Sec. 357(3) CrPC to respondent No.1/complainant within a period of two months from the date of the judgment.