MANMOHAN SINGH Vs. DALJIT SINGH CHADHA

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 07.10.2013, learned Judicial Magistrate, Ist Class, Patiala, held the petitioner guilty under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for a period of 9 months and to pay the complainant compensation equivalent to the cheque amount.

(2.) Aggrieved there-against, the petitioner filed an appeal before the learned Sessions Judge, Patiala. Vide judgment dated 12.02.2015, the learned Additional Sessions Judge, Patiala, 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.) The complainant set into motion the criminal prosecution against the petitioner for having issued him cheque bearing No. 802785 dated 8.10.2010 for Rs.2,50,000/- in lieu of the discharge of his debt/enforceable liability against the loan of said amount taken by the petitioner from the complainant on 20.4.2010. However, when the cheque was presented for encashment, the same was returned back unencahsed vide memo dated 9.10.2010 with the remarks 'insufficient funds'. Thereafter, the complainant served upon the petitioner legal notice dated 23.10.2010 calling upon him to make the payment within the stipulated period of 15 days, but the same not being done, the complainant filed a complaint under Section 138 of the Act.