GURSEWAK SINGH Vs. BHUPINDER SINGH AND ORS.

JUDGEMENT

(1.) Present criminal revision petition, at the instance of the complainant, is directed against the impugned judgment dated 21.8.2014 passed by the learned Additional Sessions Judge, Sangrur, whereby appeal of the convict was dismissed with modification, releasing the convict -respondent on probation, upholding the judgment of conviction dated 4.4.2012 passed by the learned Sub Divisional Judicial Magistrate, Moonak.

(2.) Brief facts, as noticed by the learned trial Court in para 1 of its judgment, are that accused -Bhupinder Singh (respondent No. 1 herein) borrowed money from the complainant -Gursewak Singh (petitioner herein) and in discharge of his liability, he issued cheque dated 15.4.2011 for Rs. 2.50 lacs drawn on ICICI Bank Ltd., Sunam and when the cheque was presented by the complainant -petitioner before his banker for encashment, it was dishonoured with the remarks "Funds insufficient" vide memo dated 19.4.2011. Thus accused committed an offence under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act' for short). Notice dated 9.5.2011 was also served upon accused but he did not make any payment.

(3.) After recording preliminary evidence, convict -respondent was summoned to face trial under Sec. 138 of the NI Act. On appearance of accused -respondent, notice was issued to him, to which he pleaded not guilty and claimed trial.