MOHINDER SINGH Vs. BALDEV RAJ

JUDGEMENT

(1.) This is a revision petition against the conviction of the accused-petitioner under Section 138 of the Negotiable Instruments Act (hereinafter referred to be as "the Act"). The petitioner has been sentenced to undergo simple imprisonment for two years and to pay a compensation of Rs. 3000/- each to defray the amount of cheque and other expenses undertaken by the complainant to prosecute him. A complaint was filed by the complainant-respondent against the petitioner that petitioner borrowed sum of Rs. 75,000/- from the complainant. In lieu of same, he issued a cheque bearing No.472248 dated 08.08.2007 for a sum of Rs. 75,000/- in favour of the respondent.

(2.) However, the said cheque was dishonoured with the remarks "Account Closed". On a complaint being filed, trial ensued. Petitioner was convicted by the court of Judicial Magistrate Ist Class, Ludhiana. Same was upheld by the appellate court.

(3.) The revision petition is thus allowed in the aforesaid terms.