MAN SINGH Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) Petitioner - Man Singh has filed the present revision petition against judgment dated 16.12.2015 passed by learned Additional Sessions Judge, Bhiwani, whereby the appeal filed by the petitioner against the judgment dated 24.5.2013 passed by Sub Divisional Judicial Magistrate, Siwani has been dismissed and the appeal filed by the complainant-Naresh Kumar has been partly allowed.

(2.) Briefly stated, the facts of the case are that on account of friendly relations, the petitioner borrowed a sum of Rs.1,20,000.00 from the complainant and in discharge of his legal liability, issued a cheque dated 8.10.2009 for a sum of Rs.1,20,000.00 in favour of the complainant drawn on Oriental Bank of Commerce, Charkhi Dadri. However, when the said cheque was presented for encashment by the respondent-complainant, the same was dishonoured by the bank with the remarks 'account closed'. Thereafter, the respondent-complainant sent a legal notice dated 31.10.2009 to the petitioner-accused through registered post, but the petitioner refused to accept the same and the same was returned to the counsel for the complainant. As such, the complaint was filed against the petitioner.

(3.) Learned Magistrate vide judgment dated 24.5.2013, held the petitioner guilty for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the Act) and vide separate order dated 30.5.2013, sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000.00 and in case of default of payment of fine, to undergo further imprisonment for one month.