SWARNA DEVI Vs. PAWAN KUMAR

JUDGEMENT

(1.) Present criminal revision petition, at the hands of the complainant, is directed against the impugned judgment dated 15.1.2015 passed by the learned Additional Sessions Judge, Hoshiarpur, whereby, while modifying the judgment dated 23.7.2014 passed by the learned Judicial Magistrate 1 st Class, Mukerian, accused-respondent was ordered to be released on probation, upholding his conviction, directing him to deposit the cheque amount alongwith 15% of the cheque amount.

(2.) Brief facts of the case, as recorded by the learned Additional Sessions Judge in para 2 to 4 of the impugned judgment, are that accused had good terms with the complainant-petitioner, being relatives and the accused borrowed Rs. 1,50,000/- from the complainant, for his personal need and due to having faith on the accused, the complainant had done the same as required by the accused. Thereafter, the accused returned Rs. 50,000/- by cash to the complainant and for remaining amount he issued the cheque of Rs. 1,00,0000/- dated 10.4.2013 bearing No. 043069 of the Punjab National Bank to the complainant in order to discharge his liability, being the proprietor of Agritec Traders. On 21.5.2013, the complainant presented this cheque of Rs. 1,00,000/- dated 10.4.2013 bearing No. 043069 in the Punjab National Bank for payment in her account, within the validity of the cheque. The cheque was returned by the bank to the complainant for reason as "Insufficient Funds" without making payment and the complainant received back the dishonoured cheque with the bank memo of the Punjab National Bank dated 21.5.2013 Branch Kamahi Devi District, Hoshiarpur.

(3.) Thereafter, the complainant many times tried her best to approach the accused and also his family members to get her money and also informed the accused about the dishonour of his cheque but to no avail. The accused also committed an offence of criminal breach of truest, misappropriation and cheating with the complainant. The complainant served a legal demand notice dated 28.5.2013 through her counsel under the provisions of law, to inform the accused about dishonour of his cheque and for getting the payment of amount of Rs. 1,00,000/- pertaining to this cheque, but to no avail. Hence the present complaint.