JAI PARKASH YADAV Vs. SANTOSH DEVI AND ORS

JUDGEMENT

(1.) Jai Parkash Yadav, the petitioner has brought this revision petition under the provisions of section 401 Cr.P.C. challenging the order dated 21.03.2013 passed by learned Additional Sessions Judge, Jhajjar Anand Singh Sehrawat, who has died and his legal representatives Santosh Devi, Neeraj Kumar and Amit are on record as respondents no.1 to 3 filed a complaint under section 138 of the Negotiable Instruments Act, (for short the Act) claiming that the accused borrowed a sum of Rs.4,00,000/- from him and promised to return the same within a period of six months and issued a cheque in a sum of Rs.4,00,000/- bearing No.347428 dated 03.01.2005 drawn at Syndicate Bank, Najafgarh Bijwasan Road, Chhawla, New Delhi. The further allegation of Anand Singh Sehrawat is that the complainant gave the cheque to Haryana Kshetriya Gramin Bank, Jhajjar for realization and the cheque was returned to him with the remarks 'Insufficient Funds' on 06.01.2005. Despite notice, the petitioner did not pay the amount rather he refused to return the same.

(2.) After the due trial, learned Judicial Magistrate Ist Class, Jhajjar found the complainant to have succeeded in proving that the accused issued cheque in question in discharge of his liability to pay the amount of Rs.4,00,000/- to the complainant. He also found the complainant to have proved his case. Holding the petitioner guilty for the offence vide judgment dated 22.07.2009, hearing on quantum of sentence was given on 23.07.2009 and the accused has been sentenced to undergo rigorous imprisonment for a period of six months and to pay compensation to the complainant in a sum of Rs.2,00,000/-.

(3.) Aggrieved by the aforesaid judgment, the accused preferred an appeal, which came for hearing before learned Additional Sessions Judge, Jhajjar, who dismissed the same, vide judgment dated 21.03.2013.