PREM PAL Vs. RANBIR SARAN SURENDER KUMAR

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") for setting aside order dated 18.09.2019 passed by the leaned Additional Sessions Judge, Kurukshetra in Criminal Appeal bearing No.CRA/304/2019 titled as "Prem Pal Vs. M/s Ranbir Saran Surender Kumar and another" whereby the petitioner was directed to deposit 20% of the compensation awarded by the trial Court on the next date of hearing i.e. 04.11.2019.

(2.) Briefly stated, the facts giving rise to the filing of the petition are that the respondent filed complaint bearing NACT No.747 of 2017, CNR No.HRKU03-006454-2017 dated 21.07.2017 titled as 'M/s Ranbir Saran Surender Kumar Vs. Prem Pal' under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act") pleading dishonouring of cheque No.916462 dated 01.06.2017, drawn for an amount of Rs.4,50,000/- on HDFC Bank, Kurukshetra and issued in discharge of legally enforceable debt, on the ground of "insufficient funds" and failure of the present petitioner, arrayed as accused in the said complaint, to pay the amount within a period of fifteen days of the notice served on him.

(3.) On trial, learned Judicial Magistrate 1st Class, Kurukshetra vide judgment of conviction dated 16.08.2019 held the petitioner to be guilty and convicted under Section 138 of the NI Act and vide order of sentence dated 19.08.2019 sentenced the petitioner to simple imprisonment for a period of one year and directed him to pay compensation to the tune of double of the amount of impugned cheque i.e. Rs.4,50,000/- within three months from the date of the order.