SOHAN LAL Vs. LAKHWINDER SINGH

JUDGEMENT

(1.) Both the cases are taken up together as the point for determination in these cases is the same.

(2.) Above-said revisions have been filed by the petitioner under Sec. 401 Crimial P.C. against the accused-respondent challenging the judgments of conviction and orders of sentence dated 05.12.2014 passed by learned Sub Divisional Judicial Magistrate, Phillaur in complaints No.42/2 and 43/2 of 2006, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of L 2000.00 and in default of payment of fine, to further undergo rigor imprisonment for a period of 10 days in each complaint under Sec. 138 of the Negotiable Instruments Act and also challenging the impugned judgments dated 11.01.2016 passed by learned Addl. Sessions Judge, Jalandhar, whereby the appeals filed by the accused-petitioner were dismissed.

(3.) The brief facts are that complainant Lakhwinder Singh filed two complaints against accused Sohan Lal under Sec. 138 of the Negotiable Instruments Act. In complaint No.42/2 of 2006, the accused issued two cheques bearing No.571104 dated 13.11.2005 and 571102 dated 12.12.2005 for a sum of Rs.1 lac each and in complaint No.43/2 of 2006, the accused issued cheque bearing No.571103 dated 12.11.2005 for a sum of Rs.1 lac. When all the cheques were presented for encashment, the same were returned unpaid with the remarks 'insufficient funds'. Legal notice served upon the accused. When the amount was not paid, then the complaints were filed.