SATPAL Vs. SUNITA RANI

JUDGEMENT

(1.) I have considered the arguments addressed by Counsel for the appellant and Counsel for respondent. The appellant has been convicted and sentenced to six months' imprisonment and payment of fine of Rs. 2 lacs for dishonour of a cheque. The complaint' was filed by a power of attorney and admittedly the complainant did not put in appearance, thus, depriving the petitioner of an opportunity to cross-examine the complainant with respect to the nature of the loan, the inter se relationship and other facts relevant to the commission of an offence under Section 138 of the Negotiable Instruments Act. The sentence imposed upon the appellant shall remain suspended during the pendency of the appeal subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Bathinda.