NATHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this petition, the petitioner challenges, by way of a revision, the orders passed by the learned trial court (Judicial Magistrate First Class, Panchkula), as also the appellate court (Additional Sessions Judge, Panchkula), dated 06.09.2018 and 28.05.2019 respectively, by which he has been convicted for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and thereafter sentenced to undergo rigorous imprisonment for a period of one year, with him also having been directed to pay compensation to the tune of Rs.28,00,000/- to the complainant (by citing sub-section (3) of Section 357 of the Cr.P.C., in default of payment of which he is further to undergo rigorous imprisonment for a period of 6 months.

(2.) The facts of the case, as taken from the judgment of the learned trial court, are that the 2nd respondent herein, which is seen to be a firm, instituted a criminal complaint through its partner, stating therein that it was running a business of purchasing, selling and manufacturing poultry feeds and other allied products, with the petitioner and the firm of which he is stated to be a partner, running a poultry farm. The firm of the petitioner is impleaded as the 3rd respondent herein (and accused no.1 in the complaint before the trial court). The accused were stated to be purchasing poultry feeds from the complainant since 17.06.2014 and were under a liability to pay Rs.34,99,794/-on account of such purchase and therefore, in order to discharge (a major part of) such liability, they issued two cheques, bearing nos.001532 and 001535, both on 25.02.2015, for a total amount of Rs.28,00,000/-, in favour of the complainant firm.

(3.) Upon preliminary evidence led, the trial court summoned the accused.