SURINDERA RANI Vs. KIRAN BALA

JUDGEMENT

(1.) THIS criminal revision petition is directed against the judgment and order dated 11.7.2006 passed by the learned Judicial Magistrate, Ist Class, Patiala whereby the petitioner was held guilty of an offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 3,000/-, in default whereof to further undergo rigorous imprisonment for 15 days, as well as against the judgment dated 7.5.2007 passed by the Additional Sessions Judge, Patiala whereby the petitioner's appeal against the above- stated judgment and order of her conviction and sentence, has been dismissed.

(2.) AS may be noticed from the impugned judgments, it has been concurrently held that the petitioner had given cheque No. 140432 dated 8.4.2000 for an amount of Rs. 1,50,000/- in favour of the respondent-complainant drawn at Punjab and Sind Bank which was, however, dishonored by the Bank with the remarks "funds insufficient and Drawer's signatures differs with the specimen on record."

(3.) IN response to the notice of motion, learned counsel for the respondent- complainant has put in appearance and has acknowledged the affidavit dated 17/21.5.2007 given by the respondent-complainant wherein she has admitted receipt of the due amount from the petitioner and has desired not to pursue the criminal proceedings initiated under Section 138 of the Negotiable Instruments Act.