PIARA LAL Vs. GURDEEP BEDI

JUDGEMENT

(1.) On request of learned counsel for the parties, the main petition has been taken up on Board for hearing today itself. Petitioner, namely, Piara Lal, aged 77 years, son of late Shri Munshi Ram, resident of House No.27-C, Green View Colony, Rajbaha Road, Patiala has filed the present revision petition against the order dated 09.09.2014 passed by learned Addl. Sessions Judge, Patiala, whereby, his appeal against the judgment of conviction and order of sentence dated 11.2.2014 passed by learned Judicial Magistrate 1st Class, Patiala, was dismissed.

(2.) The respondent-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the Act") alleging therein that the petitioner Piara Lal was a tenant on his (complainant's) shop No.20, situated at Ram Bagh, Near Leela Bhawan, Patiala w.e.f. 1.3.2007 and document/rent note in this regard was also executed on 1.3.2007. The allegation against the petitioner is that he did not pay the rent, which was fixed @ Rs.9000/- per month w.e.f. 1.3.2009 to 28.2.2010. In order to discharge his liability, the petitioner-accused issued a cheque bearing No.063009 dated 5.3.2010 for an amount of Rs.1,08,000/- drawn on Corporation Bank, Leela Bhawan Branch, Patiala in favour of the complainant but when the complainant deposited the said cheques for collection, same were dishonored with the remarks "Funds Insufficient".

(3.) The learned Magistrate, after hearing both the sides and appreciating the evidence, held the accused-petitioner guilty of the offence punishable under section 138 of the Act vide judgment of conviction dated 11.2.2014 and sentenced him to undergo rigorous imprisonment for six months and to pay the compensation equivalent to half the cheque amount to the complainant.