DILBAGH SINGH Vs. PRAHLAD RAI SHARMA

JUDGEMENT

(1.) The instant criminal revision has been preferred against the judgment dtd. 9/12/2015 passed by Additional Sessions Judge, SAS Nagar (Mohali) whereby the Criminal Appeal bearing No.15/2/1/2015 preferred by the petitioner against the judgment of conviction and order of sentence dtd. 5/12/2014 passed by the Judicial Magistrate 1st Class, Kharar, for commission of offence Sec. 138 of Negotiable Instruments Act, 1881 arising in complaint bearing No.RT-79/23/5/2013/19/8/2013 was dismissed. The petitioner has been sentenced as under:-

(2.) As no one had been appearing either on behalf of the petitioner or the complainant despite the matter having been filed in the year 2016 and a period of more than 9 years having elapsed, hence, legal aid counsel for both the parties were appointed on the earlier date. As no one chose to still appear, hence, the matter is being finally adjudicated.

(3.) Briefly the facts necessary for appreciation of the case are that respondent No.1-complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act alleging that the petitioner-accused had entered into an agreement to sell dtd. 6/4/2011 with the complainant and two other persons for the sale of land measuring 420 square yards bearing plot numbers 1 2 3 and 4 at Tehsil Kharar District Mohali @ Rs.11,500.00 per square yard. The complainant along with the two other purchasers paid a total sum of Rs.10.00 lakh as earnest money out of which the complainant paid Rs.3,50,000.00 through cheque which was duly encashed by the accused. 31/8/2011 was fixed as the date for execution of the sale deed. On that date the target date for execution of the sale deed was extended up to 30/9/2011 but he failed to execute the sale deed. Thereafter when the accused was contacted by the complainant and the other persons regarding refund of the earnest money the accused (petitioner) paid Rs.40,000.00 in cash on 17/11/2011 and issued a cheque bearing No.184897 dtd. 21/11/2011 for a sum of Rs.3,10,000.00 drawn on Central Bank of India in favour of the complainant but the said cheque was dishonoured with the remarks "Insufficient Funds". When contacted the petitioner-accused sought six months' time and asked the complainant to present the cheque again. The cheque was again dishonoured with the remarks "Insufficient Funds" and accordingly a legal notice demanding Rs.3,10,000.00 was issued calling upon the accused to clear the amount of the dishonoured cheque. Another legal notice was thereafter served upon the accused for dishonour of cheque No.265405 dtd. 7/3/2012 for Rs.1,50,000.00. Before the complainant could file a complaint under Sec. 138 of the NI Act the accused again approached the complainant in the last week of July 2012 seeking further time to clear the dishonoured cheques and issued another cheque bearing No.265407 dtd. 1/2/2013 for Rs.4,70,000.00 drawn on Punjab National Bank in favour of the complainant. When this cheque was presented on 3/4/2013 it was dishonoured with the remarks "Funds Insufficient" and intimation regarding dishonour was received by the complainant on 8/4/2013. The complainant issued a legal notice of demand under Sec. 138 of the NI Act on 2/5/2013 through registered A.D. at both addresses of the accused demanding payment of Rs.4,70,000.00 within 15 days and the registered cover was returned with the remarks "Refused". Hence the complaint was filed.