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HARBANS LAL
Ganga Prasad – Appellant
Versus
Lalit Kumar – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Surinder Garg, Advocate.
For the Respondent:Ashish Gupta, Advocate.

JUDGMENT

Harbans Lal, J.—This revision is directed against the order dated 12.10.2007 rendered by the Court of learned Additional Sessions Judge, Faridkot, whereby he dismissed the appeal preferred against the judgment/order of sentence dated 20.4.2007 passed by the Court of learned Chief Judicial Magistrate, Faridkot, whereby he convicted and sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 10,000 and in default of payment of fine to further undergo rigorous imprisonment of three months under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, ‘the Act’).

Tersely put, facts of the prosecution case are that on 24.6.2003, Ganga Prashad accused borrowed a sum of Rs. 1,82,000 from Lalit Kumar, complainant with a promise to return the same on demand together with interest at the rate of Rs.2 per cent per month. In order to discharge his liability when the debt amount was demanded, Ganga Prasad issued cheque in the sum of Rs. 2,40,000 dated 30.11.2004 drawn on the Faridkot Central Co-operative Bank Limited, Faridkot (for short, ‘the Bank’). When the cheque was presented for encashment to the bank, the same was bounced with the r




















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