JUDGMENT :

Jasjit Singh Bedi, J.

The present revision petition has been preferred against the judgment dated 12.07.2008 passed by Additional Sessions Judge, Yamuna Nagar at Jagadhari whereby the appeal filed against the judgment of conviction and order of sentence dated 10/14.11.2006 passed by Judicial Magistrate Ist Class, Jagadhari has been dismissed.

2. The complaint in the present case came to be registered on 27.08.2005. The judgment of conviction was passed on 10/14.11.2006 by the Judicial Magistrate Ist Class, Jagadhari. The Appeal filed against the order of conviction was dismissed on 12.07.2008 by the Additional Sessions Judge, Yamuna Nagar at Jagadhari. The instant revision petition was filed on 15.09.2008 and has come up for final hearing now i.e. after a period of 19 years from the date of filing of the complaint.

3. The complainant filed brought the present complaint, alleging that the accused, in discharge of his existing liability, issued two cheques bearing No.065813 dated 15.7.2005 for a sum of Rs.1,00,000/- and No. 065814 dated 15.7.2005 for sum of Rs.50,000/-, drawn on Yamunanagar Central Co-operative Bank Ltd., Yamunanagar, in favour of the complainant, with the assurance that the same would be encashed on presentation. The complainant presented these cheques for encashment through his banker, on 19.7.2005, but the same were dishonoured and returned unpaid by the accused's bank with the remarks "Funds Insufficient vide memo dated 20.7.2005. Thereafter, the complainant through his counsel served a legal notice dated 30.7.2005 upon the accused asking him to make the payment of the amount of these cheques without 15 days from the receipt of that notice, but the accused did not comply with the same. Hence the complaint.

4. After recording the preliminary evidence adduced by the complainant and there being a prima facie case, the accused was ordered to be summoned to face trial for the commission of the offence punishable under section 138 of the Negotiable Instrument Act, vide order dated 08.10.2005.

5. Upon appearance, the accused was granted bail and being satisfied, he was served with a notice of accusation for commission of the offence punishable under section 138 of the Negotiable Instrument Act, vide order dated 8.4.2006. The accused pleaded not guilty and claimed trial.

6. In order to prove the allegations against the accused, the complainant examined the following witnesses and also exhibited documents:

EXHIBITED DOCUMENTS:

7. Based on the evidence led, the accused/petitioner came to be convicted and sentenced by the Court of Judicial Magistrate Ist Class, Jagadhari vide judgment and order of sentence dated 10/14.11.2006 as under:-

Out of the aforesaid amount of fine of Rs.2,00,000/- an amount of Rs1,80,000/- was ordered to be paid as compensation to the complainant after the expiry of period of appeal/revision or as per the order of the Appellate Court.

8. The accused/petitioner preferred an appeal which was dismissed by the court of Additional Sessions Judge, Yamuna Nagar at Jagadhari vide judgment dated 12.07.2008.

9. The accused/petitioner has filed the instant revision petition impugning the aforementioned judgments.

10. During the pendency of the instant revision petition, the sentence of the accused/petitioner was suspended vide order dated 24.02.2009.

11. The counsel for the accused/petitioner contends that the orders of conviction and sentence passed by the courts below are not sustainable and deserve to be set aside. Both the courts below have wrongly brushed aside material discrepancies in the testimony of witnesses, which goes to the root of the matter and make the entire prosecution case doubtful.

Conviction