JAGJIT SINGH Vs. DAVINDER KUMAR AND ANOTHER

JUDGEMENT

(1.) Petitioner Jagjit Singh son of Harbans Singh, resident of House No.B-11/5557, Chowni Mohalla, District Ludhiana has filed the present revision petition against the judgment dated 16.2.2013 passed by learned Additional Sessions Judge, Ludhiana, whereby the respondentDevender Kumar has been acquitted, though, was convicted by the learned Magistrate vide judgment dated 4.5.2012 and was sentenced to undergo rigorous imprisonment for six months and fine of Rs.1000/- in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881..

(2.) The petitioner filed a complaint under Section 138 of the Act. After recording the preliminary evidence, the respondent-accused was summoned to face the trial for the offence under Section 138 of the Act.

(3.) The trial Court vide judgment dated 4.5.2012 found that the respondentaccused delivered the cheque, raising a presumption that it was handed over in discharge of his financial liability and the accused had failed to rebut the statutory resumption as he had not led sufficient evidence in his defence. Accordingly, the trial Court held that the respondent-accused was liable for commission of offence under Section 138 of the Negotiable Instruments Act. The trial Court convicted him to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- vide judgment dated 4.5.2012.