NIRMAL SINGH @ KAKA Vs. OM PARKASH

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner against the order dated 27.05.2014, passed by the learned Addl. Sessions Judge, Ambala, vide which, impugned judgment of conviction dated 19.08.2013 and order of sentence dated 22.08.2013 was upheld vide which the petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of six months and to pay the cheque amount i.e. Rs.1,20,000/- with interest at the rate of 9% from filing of the complaint till realization of the cheque amount.

(2.) The accused was running a business under the name and style of "M/s Luxmi Glass Palace" at Kesri, District Ambala and had business dealings with the complainant. On 11.03.2011 accused expressed urgency and demanded a sum of Rs.1,20,000/- from the complainant, which he arranged by withdrawing from Punjab National Bank. In order to discharge his liability, accused issued a cheque bearing No.619095 dated 20.03.2011 for a sum of Rs.1,20,000/- drawn on Indian Overseas Bank, Extension Counter, Philadelphia Hospital, Ambala City and gave assurance of encashment. When the complainant presented the cheque, the same was returned dishonoured with the remarks "Account Closed". The complainant served a legal notice to the accused but the accused failed to pay. Preliminary evidence was examined and the accused was summoned vide order dated 19.04.2011 to face trial for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(3.) After closure of evidence, statement of accused under Section 313 Cr.P.C. was recorded and all the incriminating evidence was put to the accused which he denied and pleaded false implication. He was called upon to lead evidence in defence. In defence evidence, accused examined Rasal Singh as DW1 and closed defence evidence on 19.08.2013.