ROMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For the reasons mentioned in the application, delay of 94 days in filing the present revision petition is condoned.

(2.) Facts relevant for the purpose of decision of the present revision petition; the petitioner-accused approached Ashok Kumar Wadhwa, complainant of this case, for monetary help and the complainant gave him loan of Rs.1,25,000.00 and Rs.55,600.00 in August, 2009 after withdrawing the said amount from his bank account. In addition to this, the complainant also gave Rs.19,400.00 to the accused by way of cheque in November, 2009 which was encashed by the accused. As such, the accused had availed a loan of Rs.2.00 Lakhs in total from the complainant. In order to discharge his legal liability, the accused issued Cheque No. 487962 dtd. 15/9/2011 for a sum of Rs.2,00,000.00. However, the said cheque, on presentation, was returned unpaid with the remarks "Funds Insufficient" on 29/9/2011. Despite issuance of legal notice dtd. 30/9/2011, the petitioner failed to make the payment to the complainant. Hence, the complaint under Sec. 138 of the Act was filed by the complainant against the petitioner-accused.

(3.) During trial, learned trial Court completed various proceedings of trial including recording statements of witnesses from both the sides and after considering the material and evidence available on record, learned trial Court held the petitioner guilty for commission of offence under Sec. 138 of the Act and convicted him in the manner narrated above, vide judgment and conviction and order of sentence dtd. 31/7/2015.