KARAMBIR SINGH Vs. GURMEJ SINGH

JUDGEMENT

(1.) Notice of motion. Shri Sandeep Arora, Advocate accepts notice on behalf of the respondent.

(2.) Present criminal revision has been preferred by the petitioner against judgment dated 25.1.2013 passed by learned Additional Sessions Judge, (FTC), Gurdaspur thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 2.6.2010 passed by learned Judicial Magistrate 1st Class, Gurdaspur, vide which the petitioner has been convicted for an offence punishable under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of INR 5000.00 each. In default, further undergo rigorous imprisonment for a period of two months.

(3.) Brief facts of the case are that criminal complaint was filed by the respondent-complainant against the petitioners under Sec. 138 of the Negotiable Instruments Act with the averments that the accused is working as a travelling agent and sends people abroad. On the pretext of sending the complainant to Italy, the accused received INR 8.00 lacs but did not send the complainant to Italy as promised by him. On repeated requests made by the complainant to the accused for refund of amount, the accused issued a chque No.827421 dated 2.1.2006 for an amount of INR 4.00 of ICICI Bank. Said cheque on presentation for encashment was dishonoured with the remarks "insufficient funds". Thereafter, the complainant served notice dated 4.5.2006 upon the accused, but the accused failed to comply with the notice. After recording preliminary evidence, the accused-petitioner was summoned under Sec. 138 of the Negotiable Instruments Act. Finding a prima facie case against the petitioner, notice of accusation was served upon the accused-petitioner to which the accused-petitioner pleaded not guilty and claimed trial.