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2018 Supreme(P&H) 4571

H.S.MADAAN
Kulwant Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Jagjit Singh, Advocate, for the Appellant; Mr. Ramandeep Sandhu, Senior DAG, Punjab

JUDGMENT

H. S. Madaan, J. - On a complaint under section 138 of the Negotiable Instruments Act, having being filed by complainant Malkit Singh against accused Kulwant Singh, on the allegations that the latter had issued a cheque bearing No.218225 dated 16.8.2010, in the sum of Rs. 3,60,000/- drawn on Bank of India, Branch Vijay Nagar, Amritsar, in favour of the former, on account of discharge of a financial liability, however on presentation, the cheque was returned thrice by the banker with the remarks "funds insufficient". On being informed regarding the same and on service of legal notice dated 22.12.2010, by the complainant upon the accused, the accused had failed to make the payment within statutory period, after trial, the accused was convicted for an offence under section 138 of the Negotiable Instruments Act, by vide judgment dated 30.7.2014, passed by Judicial Magistrate 1st Class, Kapurthala and vide order of even date, he was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/-, and in default of payment of fine to undergo further imprisonment for three months. The accused convict had preferred an appeal to the court of Sessi

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