Gian Chand Garg vs Harpal Singh - 2025 Supreme(SC) 1300

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1300

ARAVIND KUMAR, SANDEEP MEHTA
Gian Chand Garg – Appellant
Versus
Harpal Singh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Aftab Ali Khan, Adv. Ms. Arna Das, Adv. Mr. Naresh Kumar, AOR
For the Respondent(s) Mr. Jay Kishor Singh, AOR Dr. Rishi Pal Singh Garttan, Adv.

ORDER

1. Heard. Leave Granted.

2. The present appeal arises out of the Impugned Order dated 27.03.2025 passed by the Punjab and Haryana High Court in Criminal Revision Petition No. 2563 of 2010 by which High Court has affirmed the conviction and sentence of the appellant under section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as “NI Act”) rendered by the court of Judicial Magistrate First Class (JMFC) vide its order dated 21.04.2010 in Criminal Case No. 90 of 2009 and upheld by the Additional Sessions Judge in Criminal Appeal No. 67 of 2010 vide order dated 14.09.2010.

3. The material facts relevant for the disposal of present appeal are set forth hereunder:

3.1 The respondent No.1 herein filed a complaint under the NI Act against the appellant, alleging that he had borrowed a sum of Rs.5,00,000/-, and for repayment of the said debt, had issued a cheque (Ex. C-1), which, on presentation, was returned with an endorsement “funds insufficient” (Ex. C-2), after issuing the legal notice (Ex. C-4). The complaint came to be filed before the jurisdictional Magistrate. After trial, the appellant was convicted and sentenced to undergo simple imprisonment for a perio

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