YUNUS MASIH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This is a revision petition challenging the judgment dtd. 17/4/2018 passed by Additional Sessions Judge, Jalandhar whereby he has upheld the judgment and order dtd. 17/11/2016 passed by Sub Divisional Judicial Magistrate, Nakodar convicting the present petitioner under Sec. 138 of Negotiable Instruments Act (for short, 'the Act') for a period of one year along with fine of Rs.10,000.00.

(2.) The brief facts of this case are that the respondent No.2 had filed a criminal complaint under Sec. 138 of the Act read with Sec. 420 IPC against the present petitioner on the allegation that the petitioner had borrowed a friendly-interest-free loan of Rs.13,50,000.00; by obtaining different amounts on different dates. Out of these amounts, some of the amounts happen to be paid to the petitioner through cheques as well. So far as the cash payments to the petitioner are concerned, the complainant has averred in the complaint that he had withdrawn these amounts from his accounts on different dates and gave same to the accused-petitioner.

(3.) However, thereafter, the petitioner failed to return that amount. On persistent demands by the complainant, the petitioner paid to the complainant an amount of Rs.90,000.00 as part payment of the above said due amount. For making the payment of remaining amount, a cheque bearing No.054511 dtd. 11/6/2014, for an amount of Rs.12,60,000.00 drawn upon HDFC Bank, Nakodar was issued. The complainant presented the cheque with his banker. However, the said cheque was returned on 12/6/2014 with remarks "Account Closed". Thereafter, the complainant served a legal notice dtd. 18/6/2014 upon the petitioner asking him to make the payment. Despite that, the petitioner did not make the payment. That resulted into the above said complaint being filed against him under Sec. 138 of the Act.