KAMAL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Kamal Kumar was tried by the learned Judicial Magistrate Ist Class, Jalandhar on the complaint filed under Sec. 138 of Negotiable Instruments Act as the cheques issued by him were dishonoured due to "insufficient funds ".

(2.) The petitioner was acquitted by the trial Court vide judgment dated 29.08.2011 on the ground that there was no legal liability of the petitioner.

(3.) Challenging the acquittal of the petitioner, respondent No.2 filed an appeal before the Sessions Court on 17.10.2011. The appeal was heard and decided on 22.08.2013 by the Addl. Sessions Judge, Jalandhar. The petitioner was held guilty under Sec. 138 of the Act ibid and sentenced to undergo rigorous imprisonment for six months and to pay a fine of INR 5000.00. In default of payment of fine, he was further required to undergo rigorous imprisonment for one month.