DILBAG SINGH Vs. RAM SARUP AND ANOTHER

JUDGEMENT

(1.) The petitioner impugns the judgments/orders of the learned trial court dated 29.4.2014 and that of the appellate court dated 20.3.2015 by which he has been convicted under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (in short 'the Act') and sentenced to undergo rigorous imprisonment for a period of one year and six months and to pay compensation equivalent to the cheque amount i.e. Rs. 7,45,000/-.

(2.) The complainant initiated a complaint alleging advancement of a loan of Rs. 7,45,000/- to the petitioner who was running an electronic goods shop, to satisfy which, the petitioner submitted three cheques dated 7.3.2013 for a sum of Rs. 1 lakh, dated 11.3.2013 for a sum of Rs. 5 lakhs and dated 11.3.2013 for a sum of Rs. 1,45,000/- drawn on ICICI Bank Limited, Patiala. All the cheques on presentation were dishonoured by the bank with the remarks 'account closed'.

(3.) The petitioner disputed the transaction and pleaded that the cheques were stolen. In his statement under Section 313 Cr.P.C. he denied the incriminating material in totality with a qualification that the cheques were stolen by the complainant. He also pleaded that the cheques were forged and fabricated.