VIPAN KUMAR Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dtd. 19/1/2010 passed by the Sessions Judge, Amritsar vide which the appeal preferred by the accused-petitioner against the judgment of conviction and order of sentence dtd. 30/4/2009 passed by the Special Judicial Magistrate, Amritsar has been dismissed.

(2.) The brief facts of the case are that the accused-petitioner- Vipan Kumar had availed a friendly loan of Rs.75,000.00 from the complainant-respondent/Ashwani Kumar. In discharge of his liability, the accused-petitioner had issued a cheque bearing No.441439 dtd. 7/9/2007 for a sum of Rs.75,000.00 drawn on Andhra Bank, Amritsar in favour of the complainant-respondent with the assurance that the same would be encashed. On presentation of the aforesaid cheque, the same was dishonoured with the remarks insufficient funds'. The accused/petitioner was served with a legal notice dtd. 27/9/2007 for the repayment of the aforesaid amount but he failed to make the payment within the stipulated period of 15 days, leading to initiation of proceedings under Sec. 138 of the Negotiable Instruments Act, 1881.

(3.) In the complaint under Sec. 138 of the Negotiable Instruments Act, 1881 filed by the complainant/respondent, the accused/petitioner was summoned to face trial. The evidence was led and ultimately, the accused/petitioner was held guilty and accordingly, convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, and was sentenced to undergo rigorous imprisonment for a period of one year. He was also directed to pay a compensation to the tune of Rs.1,00,000.00 under Sec. 357(3) Cr.P.C. within one month after the expiry of period of appeal or revision, if any.