DHARAM PAL SHARMA Vs. JAI SINGH

JUDGEMENT

(1.) The present revision petition has been preferred against the judgment dtd. 12/7/2008 passed by Additional Sessions Judge, Yamuna Nagar at Jagadhari whereby the appeal filed against the judgment of conviction and order of sentence dtd. 10/14/11/2006 passed by Judicial Magistrate Ist Class, Jagadhari has been dismissed.

(2.) The complaint in the present case came to be registered on 27/8/2005. The judgment of conviction was passed on 10/14/11/2006 by the Judicial Magistrate Ist Class, Jagadhari. The Appeal filed against the order of conviction was dismissed on 12/7/2008 by the Additional Sessions Judge, Yamuna Nagar at Jagadhari. The instant revision petition was filed on 15/9/2008 and has come up for final hearing now i.e. after a period of 19 years from the date of filing of the complaint.

(3.) The complainant filed brought the present complaint, alleging that the accused, in discharge of his existing liability, issued two cheques bearing No.065813 dtd. 15/7/2005 for a sum of Rs.1,00,000.00 and No. 065814 dtd. 15/7/2005 for sum of Rs.50,000.00, drawn on Yamunanagar Central Co-operative Bank Ltd., Yamunanagar, in favour of the complainant, with the assurance that the same would be encashed on presentation. The complainant presented these cheques for encashment through his banker, on 19/7/2005, but the same were dishonoured and returned unpaid by the accused's bank with the remarks "Funds Insufficient vide memo dtd. 20/7/2005. Thereafter, the complainant through his counsel served a legal notice dtd. 30/7/2005 upon the accused asking him to make the payment of the amount of these cheques without 15 days from the receipt of that notice, but the accused did not comply with the same. Hence the complaint.