KISHORI LAL ALIAS KISHOR CHAND Vs. KARAM SINGH

JUDGEMENT

(1.) THE Petitioner challenges his conviction by the two Courts below convicting and sentencing him under Section 138 of the Negotiable Instruments Act, 1881 , (hereinafter referred to as the 'Act ').

(2.) THE case of the complainant was that both the parties known to each other. The Petitioner had borrowed a sum of Rs. 1,70,000/ - from the complainant on30.10.2006 for running his business on the promise that he would repay the same within ten days. He had accordingly issued a cheque bearing No. 936345, dated 12.11.2006 payable at Punjab National Bank, Jaure Amb, Tehsil Barsar, District Hamirpur. When this cheque Ex. C -1 was presented by the complainant for encashment to his banker, it was returned by Memo Ex. C -2 with there marks "Operation Stopped". The Petitioner herein, tendered in evidence Ex. D -1, a certificate issued by his banker stating that the account had been closed as his business was in default. It reads: B.O. JAURE AMB D. No. 2200 25.03.09 TO WHOM IT MAY CONCERN It is here by certified that Sh. Kishori Chand S/o Sh. Piar Chand, R/o Vill. Telkar, has raised a PMRY Loan at dew on 31.12.02 for Rs. One Lac Rs. 1,00,000/ - in the name of M/s Kapoor Soap Factory. -Applicant defaulted in repayment. -A Cheque Book No. 836341 to 936360 was issued on 10/5/05 in C/C A/C No. 100. -Applicant closed his Business, Defaulted in Repayment & finally closed his A/c in June, 2007. Sd/ - For Punjab National Bank Manager, Jaure Amb, H.P.

(3.) IN revision, the Learned Sessions Judge, has affirmed the findings of the Learned trial Court. I may at this juncture note the submissions made before the Learned appellate Court. The case of the Petitioner herein was summed up by the Learned Judge in the following terms: