SURINDER KUMAR NADHA @ SHINDA Vs. RAM CHAND SAMA

JUDGEMENT

(1.) PRESENT criminal revision has been preferred by the petitioner against judgment dated 07.02.2015 passed by learned Additional Sessions Judge, Fazilka, thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 16.07.2014 passed by learned Chief Judicial Magistrate, Fazilka, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/ - and in default, further undergo rigorous imprisonment for a period of one month. The petitioner -accused has further been ordered to pay Rs.2,00,000/ - as compensation under Section 357(3) Cr.P.C. to the complainantrespondent.

(2.) BRIEF facts of the case are that criminal complaint was filed by the respondent -complainant against the petitioner under Section 138 of the Negotiable Instruments Act of the Indian Penal Code with the averments that the accused took a loan from the complainant of Rs.2,00,000/ - on 08.08.2013 and in order to discharge liability to pay back loan amount of Rs.2,00,000/ -, the accused issued cheque bearing No.332688 dated 22.8.2013 for Rs.2,00,000/ -. Said cheque on presentation for encashment was dishonoured with the remarks "funds insufficient". Thereafter, the complainant served notice dated 16.09.2013 upon the accused, but the accused failed to comply with the notice. After recording preliminary evidence, the accused -petitioner was summoned under Section 138 of the Negotiable Instruments Act. Finding a prima facie case against the petitioner, notice of accusation was served upon the accused -petitioner to which the accusedpetitioner pleaded not guilty and claimed trial.

(3.) THE complainant, in order to prove his case, examined himself as CW1, Sunita Sharma as CW2 and Radhey Sham, Record Keeper, Punjab National Bank, Fazilka as CW3 and closed his evidence. Thereafter, statement of the accused was recorded under Section 313 Cr.P.C. In defence the accused examined himself as DW1, Rajinder Singh, Manager, Cooperative Bank Mandi Board as DW2 and proved his signatures on Mark -D1 and D2. All incriminating circumstances were put to him. He denied the same and pleaded innocence.