OM PARKASH Vs. BHOLI PURI

JUDGEMENT

(1.) THE present criminal revision has been preferred by the petitioner against the judgment dated 30.8.2014 passed by learned Additional Sessions Judge (A), Fast Track Court, Amritsar, whereby the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 16.9.2011 passed by learned Judicial Magistrate 1st Class, Amritsar, vide which the petitioner has been convicted and sentenced for an offence punishable under Section 138 of Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2000/ - and in default to further undergo simple imprisonment for a period of two months, was dismissed with reduction in the quantum of sentence.

(2.) BRIEF facts of the case are that complainant Bholi Puri wife of Satish Puri, resident of House No.1037/1, Gali Kharassian, Katra Baghian, Ram Bagh, Amritsar, filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1988 read with Section 420 of the Indian Penal Code with the averments that the petitioner/accused took a loan of Rs.1,00,000/ - from her. In order to discharge the legal debt and liability and to pay the said amount, the accused issued a cheque bearing No.003666 dated 30.4.2005 for an amount of Rs.1,00,000/ - drawn on Union Bank of India, S.S.B. Branch, Majith Mandi, Amritsar in the favour of complainant. On presentation of the said cheque, the banker of the complainant sent the said cheque for collection of the cheque amount, but the said cheque was returned by the banker of the accused as dishonoured with the memo dated 4.6.2005 having remarks "No account/Account closed on advice".

(3.) AS required under law, the complainant served statutory legal notice dated 16.6.2005 upon the accused through registered AD post as well as through UPC post, calling upon the accused to make the payment of the said dishonoured cheque.