SUBE SINGH Vs. POONAM CHAND RATTI

JUDGEMENT

(1.) The present revision petition has been filed impugning the judgment dtd. 5/11/2009 passed by Additional Sessions Judge, Fatehabad whereby the appeal filed against the judgment of conviction and order of sentence dated 27/28/2/2008 passed by Chief Judicial Magistrate, Fatehabad has been dismissed.

(2.) The complaint in the present case came to be registered on 24/12/2005. The judgment of conviction was passed on 27/28/2/2008 by the Chief Judicial Magistrate, Fatehabad. The instant revision was filed on 18/11/2009 and have come up for final hearing now i.e. after a period of 19 years from the date of filing of the complainant.

(3.) The brief facts of the case are that the accused in order to discharge his debut issued a cheque bearing No.186401 of UCO Bank, Branch Fatehabad for an amount of Rs.95,000.00 on 30/6/2005 with the assurance that the cheque if presented to the bank, would be encashed. The cheque was signed by the accused. The complainant presented the cheque issued by the accused for encashment in his account with the SBI Branch, Fatehabad and the same was sent to the UCO Bank for clearance. UCO Bank, Fatehabad returned back the cheque alongwth a memo dtd. 21/11/2005 with the remarks that there were insufficient funds in the account of the accused. The State Bank of India sent the original cheque and the memo of the UCO Bank to the complainant by post on 21/11/2005. Thereafter, the complainant got issued a notice of demand through his counsel on 28/11/2005 vide registered post calling upon the accused to pay the amount of Rs.95,000.00within 15 days, but the accused failed to pay the amount in question leading to the filing of the complaint.