HUSSAN LAL Vs. JASBIR.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 23.11.2012, learned Judicial Magistrate, Ist Class, SBS Nagar, 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.5,000/- and, in default of payment of fine, to further undergo simple imprisonment for a period of 15 days.

(2.) Aggrieved there-against, the petitioner filed an appeal before the learned Sessions Judge, SBS Nagar. Vide judgment dated 23.05.2014, the learned Additional Sessions Judge, SBS Nagar, 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.) Respondent-Complainant had filed a complaint under Section 138 of the Act, against the dishonor of a cheque issued by the appellant in respect of the personal loan of Rs.2,80,000/- advanced to the accused-petitioner on 10.7.2008. The cheque got dishonoured on account of its payment being stopped by the drawer. The respondent-complainant served notice upon the accused on 26.4.2009. The accused-respondent, in reply to such notice asserted that he had issued a blank cheque, which was later on allegedly filled in by the complainant; that the entire loan amount stood repaid by the accused-respondent and that the cheque in question had nothing to do with the said transaction of Rs.2,80,000/-.