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2018 Supreme(P&H) 4762

RAJBIR SEHRAWAT
Yunus Masih – Appellant
Versus
State Of Punjab And Ors. – Respondent


Advocates Appeared:
Ramesh Sharma, Advocate, for the Appellant

JUDGMENT

Rajbir Sehrawat, J. - This is a revision petition challenging the judgment dated 17.04.2018 passed by Additional Sessions Judge, Jalandhar whereby he has upheld the judgment and order dated 17.11.2016 passed by Sub Divisional Judicial Magistrate, Nakodar convicting the present petitioner under section 138 of Negotiable Instruments Act (for short, 'the Act') for a period of one year along with fine of Rs. 10,000/-.

2. The brief facts of this case are that the respondent No. 2 had filed a criminal complaint under Section 138 of the Act read with Section 420 I.P.C. against the present petitioner on the allegation that the petitioner had borrowed a friendly-interest-free loan of Rs. 13,50,000/-; by obtaining different amounts on different dates. Out of these amounts, some of the amounts happen to be paid to the petitioner through cheques as well. So far as the cash payments to the petitioner are concerned, the complainant has averred in the complaint that he had withdrawn these amounts from his accounts on different dates and gave same to the accused-petitioner.

3. However, thereafter, the petitioner failed to return that amount. On persistent demands by the complainant, the pe

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