BALJINDER KAUR Vs. SOHAN LAL

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 14.10.2019 passed by the leaned Additional Sessions Judge, Kurukshetra in Criminal Appeal bearing No.CRA/293/2018 titled as "Baljinder Kaur Vs. Sohan Lal" whereby the petitioner was directed to deposit 20% of the compensation awarded by the trial Court within sixty days from the date of the order.

(2.) Briefly stated, the facts giving rise to the filing of the petition are that the respondent filed complaint bearing NACT No.641 of 2016, CNR No.HRKU03-006972-2016 dated 09.08.2016 titled as 'Sohan Lal Vs. Baljinder Kaur' under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act") pleading dishonouring of cheque No.004024 dated 20.06.2016, drawn for an amount of Rs.13,50,000/- on Union Bank, Gita Niketan Branch, District Kurukshetra and issued in discharge of subsisting liability, on the ground of "funds insufficient" and failure of the present petitioner, arrayed as accused in the above said complaint, to pay the amount within a period of fifteen days of the notice served on her.

(3.) On trial, learned Judicial Magistrate 1st Class, Kurukshetra vide judgment of conviction dated 10.10.2018 held the petitioner to be guilty and convicted under Section 138 of the NI Act and vide order of sentence dated 10.10.2018 sentenced the petitioner to simple imprisonment for a period of six months and directed her to pay compensation to the tune of double of the amount of impugned cheque i.e. Rs.13,50,000/-.