RAJESH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present criminal revision has been filed by the petitioner-against the judgment dated 28.05.2018 passed by Additional Sessions Judge, Fazilka vide which in the criminal appeal filed by him against the judgment/order dated 18.05.2015 passed by Sub-Divisional Judicial Magistrate, Abohar, his conviction under Section 138 of Negotiable Instrument Act, 1881 (for short 'the Act') and sentence of rigorous imprisonment for a period of two years and to pay a fine of Rs.5000/- and, in default thereof, to further undergo rigorous imprisonment for six months, was maintained.

(2.) Brief facts of the case are that a complaint was filed by complainant i.e. the Primary Cooperative Agriculture Development Bank Limited through its authorized representative under Section 138 of the Act against the petitioner with the allegation that the petitioner had raised a loan from the Bank which was to be repaid in installments along with interest as agreed upon. Therefore, to discharge his partial recoverable legal liability, the petitioner issued a cheque bearing No. 162802 dated 24.10.2013 for a sum of Rs.2,60,000/- drawn on Punjab and Sind Bank in favour of the respondent-Bank. Accordingly, the respondent-Bank had presented the said cheque in the Bank for encashment but the same was dishonoured on the account of insufficient funds on 25.10.2013. Thereafter, the respondent-Bank served a legal notice on the petitioner on 13.11.2013.

(3.) After preliminary evidence, vide order dated 01.02.2014 the petitioner was summoned to face the trial. Statement of the petitioner under Section 313 Cr.P.C. was recorded in which the petitioner had denied the charges against him and pleaded not guilty and claimed trial.