DEEPAK SHARMA Vs. DEVINDER PAL GOYAL

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgement dated 12.08.2015 passed by learned Additional Sessions Judge, Patiala whereby his appeal filed against the judgment of conviction and order of sentence dated 06.01.2015 passed by Presiding Officer, Evening Court, Rajpura, was dismissed.

(2.) Briefly stated, the facts fo the case are that the accused borrowed an amount of Rs.40,000/- from the complainant on 15.04.2005 for domestic purpose and promised to return the same on request of complainant. On 15.05.2007 complainant requested the accused for refund of borrowed amount and the accused in order to discharge his legal liability issued a duly signed cheque bearing No.933268 dated 15.05.2007 for a sum of Rs.40,000/- drawn on Oriental Bank of Commerce, ABC Branch, Rajpura in favour of complainant. The complainant presented the said cheque for encashment in his account with Punjab National Bank, Rajpura but the said cheque was dishonoured with memo bearing remarks "Insufficient Funds". As such the complaint was filed against him.

(3.) Learned counsel for the petitioner has contended that during pendency of the present petition, the petitioner has settled the matter and made the payment of cheque amount to the respondent-complainant. Learned counsel for the petitioner-accused further submits that in compliance of the order dated 12.04.2016 passed by this Court, he has handed over a demand draft bearing No.354863 dated 14.07.2016 for an amount of Rs.30,000/- issued by State Bank of Patiala, in the name of the father of the respondent-complainant.