MOHINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner - Mohinder Singh has filed the present revision petition against judgment dated 14.1.2016 passed by learned Additional Sessions Judge, Tarn Taran, upholding the judgment and order dated 4.8.2015 passed by Sub Divisional Judicial Magistrate, Khadur Sahib, whereby the petitioner has been convicted for offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act ") and has been sentenced to undergo simple imprisonment for one year along with payment of fine of Rs.2,000.00, failing which, he has been ordered to undergo further simple imprisonment for one month.

(2.) Briefly stated, the facts of the case are that the respondent- Sakattar Singh has filed a complaint under Sec. 138 of the Act alleging therein that the petitioner-Mohinder Singh took a loan of Rs.1,60,000.00 on 18.10.2010 and a loan of Rs.3,40,000.00 on 23.10.2010 from him to be paid after 2/3 days after the sale of his agricultural land. In order to discharge his said liability, he issued a cheque on 26.10.2010 in favour of Sakattar Singh. However, when the said cheque was presented for encashment, the same was dishonoured with the remarks "Funds Insufficient ". Thereafter, the respondent-complainant sent a legal notice dated 2.2.2011 to the petitioner-accused, but to no avail. As such, the complaint was filed against the petitioner.

(3.) Learned Magistrate vide judgment dated 4.8.2015, held the petitioner guilty for offence punishable under Sec. 138 of the Act and sentenced him to undergo simple imprisonment for one year along with payment of fine of Rs.2,000.00, failing which, to undergo further simple imprisonment for one month.