ASHWANI CHADHA Vs. ROOP LAL

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 15. 03. 2002, rendered by the Court of additional Sessions Judge, Ambala, vide which it accepted the appeal against the judgment of conviction dated 09. 04. 2001, and the order of sentence dated 12. 04. 2001, rendered by the Court of Judicial Magistrate 1st Class, ambala Cantt, vide which it convicted the accused (now respondent No. 1) for the offence, punishable under Section 138 of the negotiable Instruments Act, 1881 and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/-, which was paid.

(2.) THE facts, in brief, are that the complainant Ashwani Chadha, (now revision-petitioner) was running a proprietorship firm known as M/s. Genuine Finance and leasing Corporation, Ambala Cantt and was dealing in the business of leasing and advancing. On 14. 08. 1998 the accused (respondent) approached the complainant for the grant of financial assistance of rs. 75,000/- required for his urgent business need, for two months, to which the latter agreed. In view of the grant of aforesaid financial assistance, the accused executed a pronote in the sum of Rs. 75,000/-, in favour of the complainant. He also issued a cheque No. 6642899 dated 13. 10. 1998, drawn on Canara Bank, Ambala Cantt, for a sum of Rs. 75,000/-, from his account, maintained, in the bank, towards the discharge of his liability, with an assurance to pay interest per month regularly. He further assured that the cheque issued by him, would be encashed, on presentation in the bank and that he will not close his account in the bank. The accused, however, failed to pay the amount. Ultimately, the cheque was presented, which was dishonoured, on account of the reason that the accused was not having sufficient funds in his account. Thereafter, a legal notice was served upon the accused, but he failed to pay the amount, in question. Ultimately, a complaint under section 138 of the Negotiable Instruments act, 1881 (amended upto date ) was filed.

(3.) AFTER recording the preliminary evidence, the accused was summoned.