SURINDER SINGH Vs. CHANDIGARH SCHEDULED CASTES BACKWATD CLASSES & MINORITIES FINANCIAL & DEVELOPMENT CORP LTD

JUDGEMENT

(1.) The petitioner, who stands convicted for the commission of an offense punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (NIA), after dismissal of appeal had come up before this Court by filing the present revision petition.

(2.) The facts are that the petitioner-convict had taken a loan from the respondent/complainant-Chandigarh Schedules Castes, Backward Classes, and Minorities Financial and Development Corporation Ltd, for a sum of Rs.1.00 lac under self-employment scheme. In the discharge of the said liability, the petitioner had issued a cheque. When the complainant presented the cheque, it was returned on 2/3/2005 with the memo 'account closed.' Faced with this, the complainant issued a legal notice dtd. 14/3/2005 demanding the payment of the cheque amount. However, despite service, the petitioner failed to repay the amount, which led to filing a criminal complaint under Sec. 138 of the Negotiable Instruments Act of 1881.

(3.) The trial Court took preliminary evidence and found it worth taking cognizance and summoning of the accused. Subsequently, a notice of acquisition was put to the petitioner for the commission of an offense punishable under Sec. 138 of the NI Act. After completion of the complainant's evidence, the accused did not take any specific stand under Sec. 313 CrPC, 1973, and his answers were denial simpliciter. Vide judgment dtd. 7/1/2013, the trial Court convicted the petitioner and sentenced him to undergo imprisonment for six months and to pay compensation of Rs.1.00 lac.