SUDARSHAN SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dtd. 20/1/2016 passed by learned Additional Sessions Judge, Pathankot, whereby his appeal against the judgment of conviction and order of sentence dtd. 19/11/2014 passed by learned Chief Judicial Magistrate, Pathankot, was dismissed.

(2.) Briefly stated, respondent No.2-complaiannt M/s S.F. Finance Company Private Limited, Pathankot through its director Ravinder Singh (hereinafter mentioned as the complainant) had filed a complaint against petitioner-accused Sudarshan Sharma under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the Act) read with Sec. 420 IPC with the averments that the complainant is a body incorporated under the Companies Act, 1956 carrying on the business of Non-Banking Finance Company and having its corporate office at Pathankot.

(3.) The petitioner-accused in order to discharge his legally enforceable liability towards the complainant issued a cheque bearing No.0061113 dtd. 20/12/2006 amounting to Rs.10.00 lakh drawn on Union Bank of India, Pathankot. However, on presentation, the said cheque was dishonoured by the banker of the accused i.e. Union Bank of India, Pathankot vide memo dtd. 29/12/2006 with remarks "Account Closed". The complainant served a legal notice to the accused, but since the payment was not made, the complainant filed the aforementioned complaint under Sec. 138 of the Act read with Sec. 420 IPC against the accused.