KRISHAN MAHESHWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed against the order of conviction and sentence imposed on the petitioner by the Judicial Magistrate 1st Class, Ambala City, whereby the petitioner was directed to undergo rigorous imprisonment for one year and to pay compensation to the tune of Rs.1,50,000/ - to the complainant and against the order dated 9.4.2008 passed by the Appellate Court, whereby sentence of rigorous imprisonment was reduced to ten months, but the amount of compensation was ordered to be kept intact.

(2.) THE backdrop of the matter was that the petitioner was employed as Salesman by respondent No.2, but he joined with the condition that an advance of Rs.60,000/ - would be given by the complainant to him. The condition was fulfilled. Thereafter, more money was demanded by the petitioner from time to time and the total amount of advance taken by him came to Rs.80,000/ -. In December 1999, respondent No.2 demanded the money back, but instead of making the payment, the petitioner issued four post dated cheques as security for the advance taken by him. Later on, he left the job. To recover his money, respondent No.2 presented the cheques but those were dishonoured.

(3.) ISSUANCE of cheque was not denied by the petitioner and since sufficient funds were not available in his account for honouring the cheque, he was convicted and sentenced.