MANOJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This application under Sec. 5 of the Limitation Act is for condoning the delay of 372 days in filing the present revision.

(2.) On perusal of the paper-book, it is revealed that cheque dtd. 14/6/2011 for an amount of Rs.10,30,940.00 issued by the petitioner-accused Manoj Kumar in favour of complainant-respondent No.2 Rajiv Kumar Jain, was dishonoured due to 'insufficient funds' in the account of the accused. After making compliance of the statutory requirements, complaint was filed, in which after holding necessary trial, conviction under Sec. 138 of the Negotiable Instruments Act of the accused-petitioner was recorded by learned Trial Court on 14/7/2014. Petitioner was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5,000.00 for committing the said offence.

(3.) Against the above-said conviction and sentence, petitioner-accused filed appeal seeking acquittal; whereas complainant-respondent No.2 filed revision for enhancement of sentence.