RITESH GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition against the conviction of the accused-petitioner under Section 138 of the Negotiable Instruments Act. The trial court came to the conclusion that the petitioner had issued a cheque of Rs. 1,40,000/- to discharge legally enforceable liability. However, on presentation, the cheque was returned by the bank on the ground of insufficient funds in the account. Thus, the petitioner was convicted and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1000/-, in default of payment of fine to further undergo imprisonment for two months. The petitioner preferred an appeal against the judgment of the trial court. However, the appellate court upheld the judgment of conviction and sentence and dismissed the appeal. The petitioner has filed the present revision petition for settingaside his conviction and sentence by the courts below.

(2.) WHEN the case was taken up for hearing on 24th April, 2009, the amount of Rs. 1,40,000/- was paid by the petitioner to respondent No. 2 by way of two demand drafts. The order passed on the said date reads thus :

(3.) I have heard learned counsel for the parties and considered their submissions.