PRITAM Vs. RAMESH GUPTA

JUDGEMENT

(1.) Petitioner - Pritam has filed the present revision petition against judgment dated 1.10.2015 passed by learned Sessions Judge, Ambala, upholding the judgment dated 21.4.2015 passed by Sub Divisional Judicial Magistrate, Naraingarh, whereby the petitioner has been convicted for offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the Act ) and vide order dated 23.4.2015 has been sentenced to undergo simple imprisonment for one year with a further direction to pay compensation amounting to Rs.1 lakh along with simple interest at the rate of 8% per annum from the date of filing of the complaint till its realization.

(2.) Briefly stated, the facts of the case are that the respondent-complainant was running his business as Commission Agent under the name and style of M/s. Bhagwati Enterprises in New Anaj Mandi, Naraingarh, District Ambala. The petitioner-accused used to sell his crops and borrow money for crops through the agency of respondent-complainant. After some time, the petitioner stopped selling his crops through the respondent. At that time, an amount of Rs.1,05,547/- was due towards him. Therefore, in order to discharge his liability, the petitioner issued cheque for an amount of Rs.1 lakh drawn on State Bank of Patiala, Ramgarh, Tehsil Kalka, District Panchkula in favour of the complainant. However, on presentation of the said cheque, the same was dishonoured by the bank with the remarks insufficient funds . Thereafter, the respondent-complainant sent a legal notice to the petitioner-accused. On 20.7.2011, the petitioner met the respondent and requested him not to file a case against him and assured that he will pay the whole amount upto 6.8.2011, but the he failed to keep his promise. As such, the complaint was filed against the petitioner.

(3.) Learned Magistrate vide judgment dated 21.4.2015, held the petitioner guilty for offence punishable under Sec. 138 of the Act and vide separate order dated 23.4.2015, sentenced him to undergo simple imprisonment for one year with a further direction to pay compensation of Rs.1 lakh along with simple interest at the rate of 8% per annum to the respondent-complainant from the date of filing of the complaint till its realization.