Judgment

Mr. Harpreet Singh Brar, J.

This revision has been preferred against the judgment dated 09.02.2023 passed by learned Sessions Judge, Fazilka vide which judgment of conviction and order of quantum of sentence dated 09.11.2022 passed by Judicial Magistrate Ist Class, Abohar, Fazilka in Criminal Complaint CIS no. NACT/832/2017 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’) was upheld. The petitioner was sentenced as under:-

The petitioner was also ordered to pay compensation to the tune of the cheque amount i.e. Rs. 48,500/- as envisaged in Section 357(3) of the Cr.P.C, in default of payment of which, the petitioner was ordered to undergo further simple imprisonment of three months.

FACTUAL BACKGROUND

2. Briefly, the facts are that to discharge his liability, the petitioner issued a cheque no. 170474 dated 07.05.2019 for Rs. 48,500/- which was dishonoured on presentation for encashment vide memo dated 09.05.2019 with the remarks- ‘funds insufficient.’ Thereafter a legal notice dated 17.05.2019 was served upon the petitioner. However, the petitioner failed t