MUNISH GHAI Vs. JAGJEEVAN VERMA

JUDGEMENT

(1.) The petitioner has been convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a sum of Rs.1,50,000.00 as compensation to the complainant-respondent within a period of 30 days from the date of passing of the order for an offence having been committed under Sec. 138 of the Negotiable Instruments Act (for short the 'Act') by the learned trial Magistrate on 27.02.2017/04.03.2017, which conviction and sentence was upheld by the learned Sessions Judge, Solan, on 24.11.2017, constraining him to file the present petition.

(2.) Briefly stated the facts of the case are that the relations inter se respondent and petitioner were very good. The petitioner was in dire need of money and approached respondent and borrowed a sum of Rs.1,30,000.00 and in discharge of the aforesaid liability issued one cheque bearing No.0387354 dated 15.07.2013 for an amount of Rs.1,30,000.00 drawn at The Jogindra Central Co-operative Bank, Nalagarh Branch,District Solan. The cheque on presentation was returned unpaid vide memo dated 27.07.2009 with the remarks "payment stopped by drawer". The respondent thereafter got issued a statutory notice, however, despite receipt thereof, the petitioner neither responded nor paid the aforesaid amount, constraining the respondent to file a complaint under Sec. 138 of the Act.

(3.) On the basis of the oral evidence adduced by the respondent, the Court took cognizance and summoned the petitioner.