SUKHPAL SINGH Vs. JIT SINGH

JUDGEMENT

(1.) Petitioner is aggrieved by his conviction recorded by the trial Court in a cheque bounce case, which has been affirmed by the appellate Court.

(2.) Criminal Complaint No.256 of 2014 was filed by complainant-Jit Singh (respondent herein) with the allegation that an amount of Rs.4.00 lakh was borrowed by the accused-Sukhpal Singh (petitioner herein) from him in November 2013 for a period of four months. For discharging his liability, accused issued a cheque No.032506 dtd. 20/2/2014 for an amount of Rs.4.00 lakh drawn on Union Bank of India, Branch Dhuri favouring the complainant. On presentation of the cheque by the complainant to his banker i.e., Punjab National Bank, the cheque was returned unpaid with the remarks "not arranged for and refer to drawer' vide memo dtd. 5/3/2014. Demand notice dtd. 19/3/2014 was issued by the complainant asking the accused to make payment of the cheque amount within 15 days. Despite receipt of the notice, accused failed to make the payment and hence the complaint was filed on 28/4/2014 before Id. JMIC, Patiala. However, in view of the pronouncement of Hon'ble Supreme Court in Dashrath Rupsingh Rathod vs. State of Maharashtra and another, (2014) 9 SCC 129, the Court found that it did not have the territorial jurisdiction to entertain the complaint. Accordingly, complaint was returned vide order dtd. 14/10/2014 to be filed before the competent Court having jurisdiction, within a period of 30 days.

(3.) Complaint was then filed on 22/12/2014 before the Id. JMIC, Sangrur, who after recording preliminary evidence issued the process. On appearance, notice of accusation was served upon the accused, to which he pleaded not guilty and claimed trial. After taking evidence produced by the complainant, statement of accused under Sec. 313 CrPC was recorded, in which he pleaded no acquaintance with the complainant; that in fact he used to have money transactions with one Shinderpal Singh, to whom he had given blank cheques and pronote as security and that complainant had misused the cheque by taking it from Shinderpal Singh. Accused also produced defence evidence to support his stand.