NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dtd. 9/12/2011 passed by the learned Additional Sessions Judge (Adhoc) Fast-track Court, Rupnagar, vide which judgment of conviction and order on quantum of sentence dtd. 28/11/2007 passed by the learned Judicial Magistrate Ist Class, Ropar, in complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881, have been upheld.

(2.) The petitioner was convicted by the learned trial Court vide judgment of conviction dtd. 28/11/2007 and sentenced to undergo rigorous imprisonment for a period of 02 years and to pay fine of Rs.5,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for 03 months. It was further ordered that the petitioner will pay compensation under Sec. 357 of Cr.P.C., to the tune of Rs.3.00 lacs to the complainant.

(3.) Learned amicus curiae, inter alia, contends that both the learned Courts below have failed to appreciate the fact that the cheque was misused by the complainant, which was not issued for any enforceable liability. It is further submitted that the petitioner was not acquainted with the complainant and has not issued any cheque to him instead he has given four blank cheques as security to one Jaspal Singh in lieu of one plot. The said Jaspal Singh is the brother-in-law of the complainant and after misusing the cheque, in question, the petitioner has been falsely implicated. Further the complainant has not led any evidence to prove his capacity to lend the amount, in question and he has filed 4-5 similar complaints against other persons also. Lastly, he submits that the petitioner has already undergone a period of 07 months and 16 days, as on 26/7/2012 and is not involved in any other criminal activity. He also submits that the fine of Rs.5,000.00 as imposed by learned trial Court has already been deposited by the petitioner with the learned Additional Sessions Judge, Rupnagar, at the time of filing the appeal.