GANGA PRASHAD Vs. LALIT KUMAR

JUDGEMENT

(1.) THIS revision is directed against the order dated 12.10.2007 rendered by the Court of learned Addition Sessions Judge, Faridkot, whereby he dismissed the appeal preferred against the judgment/order of sentence dated 20.4.2007 passed by the Court of learned Chief Judicial Magistrate, Faridkot, whereby he convicted and sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment of three months under Section 138 of The Negotiable Instruments Act, 1881 (for brevity, 'the Act').

(2.) TERSELY put, facts of the prosecution case are that on 24.6.2003, Ganga Prashad accused borrowed a sum of Rs. 1,82,000/- from Lalit Kumar, complainant with a promise to return the same on demand together with interest at the rate of Rs. 2/- per cent per month. In order to discharge his liability when the debt amount was demanded, Ganga Prashad issued cheque in the sum of Rs. 2,40,000/- dated 30.11.2004 drawn on the Faridkot Central Cooperative Bank Limited, Faridkot (for short, 'the Bank'). When the cheque was presented for encashment to the bank, the same was bounced with the remarks 'insufficient funds' vide Memo dated 2.12.2004 issued by the Bank. On receipt of this intimation, the complainant issued a Registered notice dated 11.12.2004 calling upon the accused to make payment within 15 days but the notice was received back with the remarks as 'unclaimed'. The payment was not made even thereafter. On these allegations, Lalit Kumar lodged a complaint under Section 138 of the Act.

(3.) TO bring home guilt against the accused, the complainant by deposing as PW-1, proved original cheque, Exh. P-1, Memo, issued by the Bank, Exh. P-2, Carbon copy of notice, Exh. P-3, Receipt Exh. P-4 and undelivered registered envelope, Exh. P-5. Veena Kumari, Assistant Manager of the Bank, PW-2 has proved Exh. P-6, the entry in the register regarding return of the cheque, Exh. P-7 Statement of account of the accused, Exh. P-8 Memo, dated 2.12.2004, Exh. P-9 copy of the account opening form of the accused. Bharpur Singh, Junior Officer of Bank of Punjab, Kotkapura as PW-3 has proved he Ex. P-10, P-11 and P-12.