JOGINDER SINGH Vs. IQBAL SINGH AND ANOTHER

JUDGEMENT

(1.) By way of this revision petition, the petitioner challenges the judgments of the learned trial Court (Additional Chief Judicial Magistrate, Moga), as also of the appellate Court (Additional Sessions Judge, Moga), by which he has been convicted for having committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to 02 years rigorous imprisonment, in addition to a fine of Rs. 10, 000/- being imposed upon him, in default of payment of which he is to further undergo rigorous imprisonment for a period of 02 months.

(2.) The complaint against the petitioner was filed by respondent no. 1 herein, Iqbal Singh, alleging that he had advanced loans to the petitioner, in discharge of which (including the interest upon the principal loaned), he issued cheque no. 601841, dated 01.03.2014, for an amount of Rs. 3, 53, 334/-, drawn on his bank account no. 13152, in the Punjab and Sind Bank.

(3.) The complainant examined himself as CW-1 and tendered by way of documentary evidence, the cheque, the bank memo, another memo dated 04.02014, a copy of the legal notice, as also a postal receipt, as Exs. C-1 to C-5 respectively.