KIRANPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present revision petition has been filed against the judgment and order dtd. 19/12/2022 passed by the learned Judicial Magistrate First Class, Ludhiana in complaint under Sec. 138 of the Negotiable Instruments Act, 1881 and order dtd. 23/3/2023 passed by learned Additional Sessions Judge, Ludhiana vide which the appeal filed by the petitioner had been dismissed holding it to be barred by limitation.

(2.) Briefly put, the facts of the case are that the complainant-respondent loaned a sum of Rs.2,35,000.00 to the accused-petitioner and in order to discharge the legal liability, he issued the cheque, which on presentation was dishonoured. A legal notice dtd. 22/3/2018 was issued to the accused-petitioner. Thereafter, a complaint under Sec. 138 of NI Act was filed against the petitioner, in which notice of accusation was served to him, to which he pleaded not guilty and claimed trial.

(3.) On evaluating the evidence produced by the parties, vide judgment/order dtd. 19/12/2022, the trial Court convicted the petitioner under Sec. 138 of NI Act and sentenced him to undergo RI for a period of one year. He was also sentenced to pay compensation equivalent to the cheque amount i.e. Rs.2,35,000.00 to the complainant-respondent.