RESHAM SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This is a revision preferred by a convict who has been awarded imprisonment of 1/ year for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act').

(2.) Complaint was filed after the cheque bearing No.019710 dated 15th of July, 2013 for an amount of Rs.3,30,000.00 drawn on State Bank of India Branch Putlighar, Amritsar issued by the accused in favour of the complainant, was dishonoured on 29th of July, 2013 with remarks "Insufficient Funds". The cheque was again presented which was also dishonoured for the same reason vide memo dated 18th of September, 2013. Complainant served the petitioner-accused with legal notice dated 25th of September, 2013 through Registered A.D. post demanding the cheque amount. Admittedly, accused neither replied to the said notice nor paid the amount. After preliminary evidence, petitioner was summoned to face trial.

(3.) During the course of trial, petitioner-accused raised a defence w.r.t. non-enforceable legal liability at his end. Trial Court after analyzing the evidence threadbare found that the petitioner-accused has failed to make out a case to rebut statutory presumption contemplated under Sec. 139 of the N.I. Act and, thus, held him guilty of offence punishable under Sec. 138 of the N.I. Act. The matter was taken in appeal by the accused. The appeal also stands dismissed. Resultantly, the petitioner is in revision petition before this Court.