RANJIT SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner was tried for committing the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). Vide judgment and order dated 16.11.2011, learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib, held the petitioner guilty under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,00,000/- and, in default of payment thereof, to further undergo simple imprisonment for one month.

(2.) Aggrieved there-against, the petitioner filed an appeal before the learned Sessions Judge, Sri Muktsar Sahib. Vide judgment dated 12.10.2012, the learned Additional Sessions Judge, Sri Muktsar Sahib, dismissed the appeal filed by the petitioner, thereby affirming the judgment and order passed by the learned trial Magistrate. Still aggrieved, the petitioner has preferred the present revision petition.

(3.) As per the facts of the present case, respondent-bank filed a complaint under Section 138 of the Act. Petitioner-accused had availed personal loan of Rs. 3,50,000/- on 5.11.2007 and agreed to pay the loan amount in monthly installments. In order to discharge part liability, the petitioner-accused issued cheque No. 051476 dated 9.6.2009 for a sum of Rs. 3,53,000/-. The respondent-bank presented the above mentioned cheque for encashment but the same was returned unpaid to the respondent-bank with remarks "insufficient funds". Thus, the respondent-bank issued registered notice dated 24.6.2009 under Section 138 of the Act requesting the petitioner to clear the cheque amount.