OM PARKASH Vs. INDUSLND BANK LTD

JUDGEMENT

(1.) Present criminal revision has been preferred by the petitioner against judgment dated 16.11.2012 passed by learned Additional Sessions Judge, Rohtak, thereby dismissing the appeal filed by the petitioner against the judgment of conviction dated 8.7.2011 and order of sentence dated 12.7.2011 passed by learned Judicial Magistrate Ist Class, Rohtak, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of one year.

(2.) The petitioner-accused has further been ordered to pay cheque amount (Rs.9,65,000/-) as compensation to the complainant-respondent and in default of payment to further undergo six months simple imprisonment.

(3.) Brief facts of the case are that criminal complaint was filed by the respondent-complainant against the petitioners under Section 138 of the Negotiable Instruments Act with the averments that the accused- petitioner got financed one vehicle i.e. Eicher 3325 vide agreement No.HT004062H from the complainant-respondent and as such in order to discharge his liability, the accused issued a cheque bearing No.079601 dated 13.4.2007 drawn on Jhajjar Central Cooperative Bank Ltd., Jhahhar Branch, amounting to Rs.9,65,000/- in favour of the complainant-respondent with the assurance that as and when the cheque would be presented, the same shall be honoured. The cheque was deposited by the complainant-respondent with presentation for collection but the cheque was received back dishonoured vide memo dated 27.4.2007 with the remarks 'insufficient funds', which was received by the complainant-respondent on 2.5.2007. On receiving the said information, the accused was served with legal notice dated 28.5.2007 through registered post on 29.5.2007 and UPC dated 30.5.2007, but petitioner-accused did not pay any heed to the demand made by the complainant.