RAMESH CHAND Vs. RAJIV JAVA

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner challenging the judgments of conviction and order of sentence passed by the Courts below.

(2.) Succinctly, respondent-Rajeev Jawa filed a complaint under Sec. 138, 141, 142 of the Negotiable Instruments Act, 1881 (for short, 'NI Act') against the petitioner alleging that petitioner took a friendly loan of ' 12,00,000 from him on 15/6/2011. The petitioner issued a cheque bearing No.107137 dtd. 29/8/2014 in discharge of his liability, which on presentation to bank, was returned with the remarks 'Insufficient Funds'. The petitioner was served a legal notice dtd. 4/10/2014 but he failed to make the payment.

(3.) On appreciating the evidence on record and after hearing learned counsel for the parties, the learned trial Court held that the complainant sufficiently proved on record that cheque in question was issued by the petitioner in favour of the complainant to discharge an existing legally enforceable liability. Accordingly, the petitioner was held guilty and convicted for commission of offence punishable under Sec. 138 of NI Act vide judgment dtd. 6/8/2016 and was sentenced to simple imprisonment vide order dtd. 9/8/2016 for a period of six months under Sec. 138 of NI Act. Additionally, he was ordered to pay an amount of ' 13,50,000 to the complainant so as to compensate him, to be paid within one month.