KULWANT SINGH Vs. BALWANT SINGH

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 30.10.2013, learned Sub Divisional Judicial Magistrate, Nabha held the petitioner guilty under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for a period of one year and six months and to pay a fine of Rs. 3,000/- and, in default of payment thereof, to further undergo rigorous imprisonment for one month.

(2.) Aggrieved there-against, the petitioner filed an appeal before the learned Sessions Judge, Patiala. Vide judgment dated 5.2.2015, the learned Additional Sessions Judge, Fast Track Court, 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 complaint in question was filed against firm M/s Ekam Onkar Trader (Commission Agents) and its partners, as one of the partner of the firm Kulwant Singh-petitioner in order to discharge his liability of debt, had issued a cheque No. 000952 dated 15.11.2008 for a sum of Rs. 9,24,500/- and the accused also received a writing on the letter pad from the respondent-complainant. The said cheque was presented for encashment but the same was returned unpaid with the remarks "insufficient funds" vide memo dated 29.12.2008. Thereafter, a legal notice dated 24.1.2009 was issued to the petitioner to make the payment within the stipulated period but to no effect.