CHARAN SINGH Vs. SURESH KUMAR AND ANOTHER

JUDGEMENT

(1.) Present revision petition is directed against the judgment of conviction dtd. 7/6/2018 and order of sentence dtd. 11/6/2018 passed by learned Sub Divisional Judicial Magistrate, Guhla whereby the revisionist was convicted under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") and sentenced to undergo Rigorous Imprisonment for a period of Six months and to pay Rs.3,50,000.00 as compenstion within a period of two months from the date of said order.

(2.) The appeal filed by the revisionist was dismissed by learned Sessions Judge, Kaithal vide judgment dtd. 12/11/2018.

(3.) Facts relevant for the purpose of decision of present revision petition; that the petitioner used to borrow money from the complainant. Petitioner had borrowed a sum of Rs.3,00,000.00 for purchase of Combine - Harvester and failed to re-pay the loan. In discharge of liability, the petitioner issued cheque bearing No. 557048 dtd. 9/7/2016 amounting to Rs.3,00,000.00 (Ex.C1) and on presentation, the cheque was dishonoured on account of "Funds Insufficient" vide memo dtd. 12/7/2016 (Ex. C2). The complainant issued a legal notice (Ex.C4), but despite that, the petitioner did not make the payment and subsequently complaint under Sec. 138 of the Act was filed before learned Magistrate.