BABU KHAN Vs. HITESH FINANCE COMPANY, AMBALA CITY

JUDGEMENT

(1.) Appellant - Babu Khan, has filed present appeal, challenging the judgment of conviction dtd. 18/10/2012, and order of sentence dtd. 19/10/2012, passed by the Court of Ld. Addl. Sessions Judge, Ambala (Appellate Court), whereby, the appellant has been convicted for committing an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (in short 'NI Act').

(2.) Cheque No. '630994, dtd. 18/5/2004, amounting to Rs.96,660.00 was issued by the appellant (accused) payable at Punjab National Bank, Mullana, but the same got bounced and vide memos of the Bank (Ex.P2, P3 and P4), bouncing of the cheque was informed to the respondent. After issuance of legal notice (Ex.P5), respondent (complainant) filed Criminal Complaint No. 844/2, dtd. 17/7/2004/28/9/2008, before the Court of Judicial Magistrate Ist Class, Ambala Cantt. (in short 'Ld. Trial Court').

(3.) Ld. Trial Court acquitted the accused (appellant herein) by recording its findings in paragraphs Nos. 14, 16 and 17 of its judgment dtd. 24/9/2010. Para Nos. 14, 16 and 17 of the said judgment says as under:-