RAJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant criminal revision petition has been preferred against the judgment dtd. 5/6/2024 and order of sentence dtd. 6/6/2024 passed by the Judicial Magistrate 1st Class, Bhiwani, as well as the judgment dtd. 19/7/2025 passed by the Additional Sessions Judge, Bhiwani, vide which the appeal filed by the petitioner was dismissed and he was convicted and sentenced as under: <IMG>JUDGEMENT_73_LAWS(P&H)3_2026_1.jpg</IMG>

(2.) Briefly stated, the facts of the case are that the complainant maintained cordial relations with the petitioner-accused, being partners in a transport business. On 24/12/2018, the petitioner approached him with a request for a loan for the marriage of his two daughters. Since the complainant maintained good relations with the petitioner, he lent a sum of Rs.2,00,000.00 to the latter through the bank on 24/12/2018. The complainant further lent Rs.2,00,000.00 on 27/12/2018, 50,000/- on 14/3/2019; 75,000/- on 16/3/2019; 75,000/- on 20/3/2019; and 50,000/- through bank on 22/3/2019 and a sum of Rs.50,000.00 in cash on the same day. The petitioner promised to return the aforesaid money to the complainant by 15/5/2019. In discharge of his liability, the petitioner issued a cheque bearing No. 131424 dtd. 2/6/2019 of Rs.7,00,000.00, drawn from his IDBI Bank, Jind Branch account. The complainant presented the aforesaid cheque for clearance in his HDFC Bank, Bhiwani account bearing No. 50100130803431 on 20/6/2019; however, the same was dishonoured on presentation with the endorsement "funds insufficient" vide memo dtd. 21/6/2019.

(3.) The complainant then got served a Legal Notice, calling upon the petitioner to make the payment within 15 days of the receipt of legal notice. However, the same was not done and a complaint under Sec. 138 of the Negotiable Instruments Act came to be filed before the Judicial Magistrate 1st Class, Bhiwani. The petitioner pleaded not guilty and claimed trial. The complainant stepped into the witness box as CW-1 and reiterated the allegations made in the complaint. The complainant also produced documents Ex. C-1 i.e. original cheque bearing No. 131424 dtd. 2/6/2019 amounting to Rs.7,00,000.00, Ex. C-2 i.e. return memo dtd. 21/6/2019, Ex. C-3 i.e. legal notice dtd. 26/6/2019, Ex C-4 i.e. postal receipts dtd. 1/7/2019, Ex. C-5 i.e. track consignment and Ex. C-6 i.e. account statement of the complainant and proved the relevant documents.