VARINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Sushila Gupta wife of brother of the petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter to be referred as, 'the Act'). She has stated in the complaint that she deposited an amount of Rs.18,000/- vide cheque dated 2.12.1987 with the accused-petitioner. The amount was demanded back. The accused petitioner refused to pay back the money. Resultantly, she issued a notice on 26.6.1990. Accused-petitioner issued a cheque on 10.4.1991 amounting to Rs.18,000/-. The cheque was presented to the bank. On 18.4.1991 the cheque was returned with the remarks 'refer to drawer'. It is stated that accused- petitioner has committed offence under Section 138 of the Act.

(2.) AFTER the accused was summoned, the complainant led evidence. The trial Court came to the conclusion that offence against the accused-petitioner is made out and accused-petitioner was sentenced under Section 138 of the Act to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/-. In default of payment of fine, the accused petitioner was to undergo simple imprisonment for 15 days. Aggrieved against the same, an appeal was filed. The appeal was also dismissed as Appellate Court held that there was no infirmity in the order passed by the Chief Judicial Magistrate, Kaithal.

(3.) IT has been further submitted that there was over writing on the cheque, therefore, the same amounts to interpolation and this has been ignored by two Courts below. Counsel for the petitioner has submitted that cheque was dis-honored by the Bank on the ground that there was alteration and cutting. This matter was considered by the Appellate Court below. It held that the cheque Ex.P2 was dis-honored vide memo Ex.P9.