MAHIPAL Vs. AMIT KUMAR

JUDGEMENT

(1.) The present revision petition has been preferred against judgment dtd. 9/4/2024 passed by learned Sessions Judge, Ambala, whereby judgment of conviction dtd. 30/11/2019 and order of sentence dtd. 4/12/2019 passed by learned Judicial Magistrate Ist Class, Naraingarh have been upheld in case stemming from complaint bearing CIS No.NACT-188 of 2015 titled as Amit Kumar vs. Mahipal', filed under Sec. 138 of Negotiable Instruments Act (hereinafter referred to as NI Act'), and all the subsequent proceedings arising therefrom.

(2.) Brief facts of the present case are that the petitioner had borrowed an amount of Rs.1,35,000.00 from the respondent No.1 on 10/1/2014. Thereafter on 16/1/2015, he further borrowed an amount of Rs.2,00,000.00with the assurance that he would return the said amount. On 16/1/2015, the petitioner also executed a writing in presence of marginal witnesses acknowledging the loan amount. In discharge of the said liability, he issued two post-dated cheques bearing Nos.197245 and 197246 for an amount of Rs.3,35,000.00 upto 16/7/2015 drawn on Haryana Gramin Bank, Patvi, in favour of the complainant. When the said cheques were presented for their encashment, the same were dishonoured vide return memo dtd. 22/9/2015 with remarks "Funds Insufficient". Thereafter, the complainant served a legal notice dtd. 7/10/2015 upon the petitioner, however, he did not pay the amount. Hence, the complaint.

(3.) After appreciating the evidence available on record, the learned trial Court convicted and sentenced the petitioner vide judgment dtd. 30/11/2019 and order dtd. 4/12/2019. Aggrieved by the same, the petitioner approached the learned lower Appellate Court, but his appeal was dismissed vide judgment dtd. 9/4/2024. Hence, the petitioner has approached this Court by way of filing present petition.