BALJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dated 14.5.2014 passed by learned Additional Sessions Judge, Patiala whereby his appeal filed against the judgment of conviction and order of sentence both dated 23.8.2013 passed by learned Sub-Divisional Judicial Magistrate, Rajpura was dismissed.

(2.) Briefly stated, the facts of the case are that the respondent complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the Act) alleging therein that the petitioner accused in discharge of his legal liability issued a cheque bearing No.677187 dated 19.3.2008 in the sum of 21,000.00 drawn on Oriental Bank of Commerce, Rajpura in favour of the respondent-complainant. However, on presentation, the said cheque was dishonoured by the bank vide memo dated 25.3.2008 with the remarks "Exceeds Arrangement ". Thereafter, legal notice dated 18.1.2012 was issued by the respondent-complainant to the petitioner-accused but the petitioner failed to make the payment. As such, the complaint was filed against him.

(3.) Learned Magistrate vide judgment dated 23.8.2013 convicted the petitioner for offence punishable under Sec. 138 of the Act and vide separate order of even date, sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1,000.00 and in default of payment of fine, to further undergo RI for 15 days.