RAVEL SINGH Vs. BHUPINDER SINGH AND ANOTHER

JUDGEMENT

(1.) The present criminal revision has been filed against the judgment dated 13.07.2016, passed by Additional Sessions Judge, Ferozepur vide which the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 06.04.2013 whereby the petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month under Section 138 of the Negotiable Instruments Act, 1991 (for short, 'the Act') passed by Judicial Magistrate Ist Class, Ferozepur.

(2.) Brief facts of the present case are that respondent-Bhupinder Singh complainant had alleged that the petitioner was in need of Rs.3 Lacs for his personal use and thus, had obtained a loan from him, which was advanced to the petitioner in January, 2009. The said amount was agreed to be repaid along with interest @ 2% per month. The petitioner had agreed to return the amount on the arrival of his crops in the year 2009 itself. Thus, the petitioner had issued a cheque No. 328258 dated 15.05.2009 amounting to Rs.3 Lacs in favour of the respondent. On presentation, the said cheque was returned with the remarks "Insufficient Funds" and the respondent was informed by the Bank on 15.05.2009. The respondent had requested the petitioner to pay the due amount but all in vain. Ultimately, complainant served upon the petitioner a legal notice dated 21.05.2009 through his counsel Sh. Ravinder Kapila, Advocate, and also sent a telegram notice. The petitioner neither gave reply to the legal notice or the telegram notice nor returned the due amount. Thus, the respondent had preferred a complaint under Sections 138/142 of the Act.

(3.) In the preliminary evidence, the complainant stepped into the witness box as CW-1. On the closure of the respondent's evidence, statement of the petitioner was recorded under Section 313 Cr.P.C. The petitioner had denied all the allegations and claimed to be innocent.