TIRTH SINGH @ BABA DHIRA Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Challenge by way of this revision petition, brought by Tirth Singh alias Baba Dhira, the petitioner, is to the judgment dated 14.12.2012 passed by learned Additional Sessions Judge Fatehabad, vide which the appeal against the judgment and order of sentence dated 17.08.2010 and 18.08.2010 respectively convicting him for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short the Act) and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2000/- with further rigorous imprisonment for a period of one month in default of payment of fine, has been dismissed.

(2.) The facts in brief are that the petitioner had an open, mutual and current account with firm M/s Gian Chand and Sons, Commission Agent, Anaj Mandi, Fatehabad of which the complainant has been the proprietor. A balance of Rs.2,31,500/- was there due from the petitioner in that account as on 08.05.2007. While discharging that liability, the petitioner issued a cheque bearing No.510022 dated 10.08.2009 for a sum of Rs.2,00,000/-.

(3.) The said cheque on presentation was dishonoured with the endorsement of insufficient funds. On notice, the petitioner again issued a cheque bearing No.510025 on 20.08.2009. This time also the cheque was dishonoured. After giving notice and on failure of the petitioner to make the payment of the cheque, the complaint was filed.