ONKAR SINGH Vs. BHAGWANT SINGH

JUDGEMENT

(1.) The present petition has been directed against judgment dated 27.2.2003 passed by the Additional Sessions Judge, Jalandhar whereby the appeal preferred by Onkar Singh petitioner against his conviction and sentence by the Sub Divisional Judicial Magistrate, Phillaur under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the Act") was dismissed, affirming the findings of the trial Court.

(2.) Bhagwant Singh respondent herein initiated criminal proceedings on the allegations that the accused borrowed an amount of INR 5,000.00 from him at village Haripur Khalsa and in lieu thereof issued two cheques bearing Nos. 324403 dated 5.5.2000 amounting to INR 30,000.00 and 324404 dated 6.5.2000 for INR 35,000.00 drawn on his account in State Bank of India, Branch Phillaur. The complainant presented these cheques on 26.7.2000 but the same got dishonoured due to insufficient funds. The accused failed to make payment despite receipt of registered notice. After having heard counsel for the parties and appreciating evidence on record, the petitioner was held guilty for the offence charged against him, by the trial Court. The appeal preferred by the petitioner did not find favour with the Court and as a result his conviction and sentence was affirmed.

(3.) The petitioner has been sentenced to rigorous imprisonment for a period of one year and fine of INR 500.00 and in default of payment of fine to further undergo rigorous imprisonment for one month.