RAM DASS Vs. GULSHAN JOHAN

JUDGEMENT

(1.) The petitioner has filed this revision petition challenging the judgement dated 10.4.2019, passed by the Sessions Judge, Jalandhar, whereby the judgment of conviction and order of sentence dated 16.3.2017, passed by the Judicial Magistrate Ist Class, Phillaur convicting the petitioner under Section 138 Negotiable Instruments Act and sentencing him to undergo rigorous imprisonment for 2 years alongwith fine of Rs.3000/- and in default to undergo a further period of 2 months was affirmed.

(2.) The prosecution case is based on a complaint given by Gulshan Johan to the effect that he and the convict were known to each other and the convict borrowed an amount of Rs.90,000/- from him on 14.8.2012 for personal need and assured to return the same within a short period. Thereafter on a demand made by the complainant, the convict issued a cheque bearing No.773143 dated 10.11.2012 for an amount of Rs.90,000/- in favour of the complainant. On presentation of the same by the complainant, the said cheque was returned back on 14.11.2012 with the remarks 'insufficient funds'. The complainant again presented the said cheque, but the same was again returned on 26.11.2012 with remarks 'insufficient funds'. Thereafter a legal notice was served upon the accused, however, the amount was not paid by him thereby compelling the complainant to institute the complaint.

(3.) After examining the pre-summoning evidence, the trial Court summoned the accused under Section 138 of the Act and upon appearance, he pleaded not guilty and claimed trial.