DARSHAN SINGH BHULLAR Vs. GUPTA FEED STORE

JUDGEMENT

(1.) PRESENT criminal revision petition is directed against the impugned judgment dated 19.9.2013, passed by the learned Additional Sessions Judge, Kapurthala, whereby appeal of the petitioner against the judgment of conviction and order of sentence of even date, i.e. dated 12.3.2012, passed by the learned Sub Divisional Judicial Magistrate, Phagwara, was dismissed, upholding the conviction and sentence of the petitioner, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short).

(2.) BRIEFLY put, relevant facts of the case are that respondent -complainant M/s. Gupta Feed Store, through its Proprietor Yogesh Gupta filed a complaint against the petitioner Darshan Singh Bhullar under Section 138 of the N.I. Act. It was alleged in the complaint that accused was having business dealings with the complainant and with a view to discharge his existing liability, accused issued a cheque bearing No. 876764 dated 20.9.2005 for an amount of Rs. 9 lacs drawn at Canara Bank, Banga, in favour of the complainant with the assurance that the said cheque will be duly honoured and encashed. However, when the complainant presented the cheque through his bankers, the same was dishonoured by the bankers of accused, vide memo date 29.12.2005. The complainant brought this fact to the notice of accused. It was further averred by the complainant that thereafter, the accused made payment of Rs. 50,000/ -, out of the abovesaid amount of Rs. 9 lacs. The accused -petitioner issued another cheque bearing No. 876780 dated 15.6.2006 for the remaining amount of Rs. 8,50,000/ - drawn at Canara Bank in favour of the complainant, with the assurance that the said cheque will be duly honoured and encashed on its presentation.

(3.) THE complainant -respondent produced preliminary evidence and on perusal thereof, accused was summoned to face criminal trial, for an offence under Section 138 of the N.I. Act, vide order dated 2.11.2006 passed by the learned JMIC, Phagwara. Pursuant to the summoning order, accused appeared in the Court. A prima facie case was found against him for commission of offence under Section 138 of the N.I. Act and accordingly, charge was framed against him.