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2023 Supreme(P&H) 1321

N. S. SHEKHAWAT
Thana Singh – Appellant
Versus
Bhushan Trading Company – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.S.Bhalla, Advocate
For the Respondent:Mr. Khushkaran K. Goyal, Advocate

JUDGMENT :

N.S. SHEKHAWAT, J.

1. The petitioner had filed the present revision petition against the impugned judgment and order dated 25.10.2021, passed by the Court of Sub-Divisional Judicial Magistrate, Baghapurana, District Moga, whereby, the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘Act’) and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, alongwith default stipulation and also against the impugned judgment dated 05.05.2022 passed by the Court of Additional Sessions Judge, Moga, whereby the appeal filed by the present petitioner was ordered to be dismissed.

2. As per the case of the respondent/complainant, the petitioner/accused was an agriculturist and used to sell his crop through the respondent/complainant firm and used to take loan. An amount of Rs.6,29,338/- was due towards the petitioner/accused. Ultimately, in discharge of his legal liability, the petitioner/accused had issued a cheque bearing No.097921 on 23.09.2017 for Rs.6,29,338/- in favour of the respondent/complainant. However, when the cheque was presented with the B

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