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CRR-1433 of 2019 (O&M)

2023:PHHC:044520

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-1433 of 2019 (O&M)

Reserved on: 22.03.2023

Pronounced on: 27.03.2023

Vijay Gupta

......Petitioner

Versus

Sanjeev Kareer and another

......Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Argued by: - Mr. K.K. Jain, Advocate, for the petitioner.

None for respondent No.1.

Mr. Anup Singh, AAG, Punjab.

NAMIT KUMAR, J.

Petitioner has filed the instant revision petition assailing

judgment and order dated 17.02.2018 passed by learned Judicial

Magistrate Ist Class, Malerkotla, whereby he has been convicted and

sentenced to undergo rigorous imprisonment for a period of one year

under Section 138 of the Negotiable Instruments Act, 1881 (for short

'the Act') and to pay compensation to the tune of double the cheque

amount to respondent No.1-complainant as also the judgment dated

14.05.2019 passed by the Additional Sessions Judge, Sangrur, whereby

appeal of the petitioner against the aforesaid judgment of conviction

and order of sentence dated 17.02.2018 has been dismissed.

The brief facts of the complaint are that on 01.09.2015,

petitioner borrowed a sum of Rs.3,00,000/- from respondent No.1-

complainant at Ahmedgarh. The petitioner admitted the legal liability

RAVINDER SINGH

2023.03.27 17:59

I attest to the accuracy and

integrity of this order/judgment

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CRR-1433 of 2019 (O&M)

2023:PHHC:044520

and in order to discharge his partial liability, issued two post dated

cheques i.e. cheque bearing no.531121 dated 28.09.2015 for a sum of

Rs.1,56,000/- and cheque bearing no.531124 dated 28.09.2015 for a

sum of Rs.1,31,580/- drawn on UCO Bank, Branch Sirhind Road,

Patiala, out of his A/c no.15780100004253 in favour of respondent

No.1-complainant with the assurance that the said cheques would be

duly honoured on its presentation in the drawee bank. The petitioner

signed the cheques in question in presence of the complainant.

Respondent No.1-complainant presented cheques in question to his

banker i.e. Union Bank of India, Branch Ahmedgarh, for encashment

and realization of the amount of the cheques. The drawee bank

dishonoured the cheque bearing no.531124 due to ‘funds insufficient’,

whereas, the cheque bearing no.531121 was dishonoured due to

‘payment stopped by drawer’ vide memo dated 20.11.2015. Thereafter,

respondent No.1-complainant requested the petitioner to make the

payment of the cheques in question, but he refused to make the

payment. After receiving intimation regarding dishonour of the

cheques, respondent No.1-complainant issued a legal notice to the

petitioner through his counsel, thereby calling upon the petitioner to

make the payment of the cheques amount within 15 days from the

receipt of notice, but he intentionally did not receive the notice. Hence,

complaint under Section 138 of the Act was instituted.

After hearing both the parties and perusing the evidence

on record, learned Judicial Magistrate Ist Class, Malerkotla, vide

judgment of conviction and order of sentence dated 17.02.2018

RAVINDER SINGH

2023.03.27 17:59

I attest to the accuracy and

integrity of this order/judgment

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CRR-1433 of 2019 (O&M)

2023:PHHC:044520

convicted and sentenced the petitioner under Section 138 of the Act to

undergo rigorous imprisonment for a period of one year and to pay

compensation to the tune of double the cheque amount to respondent

No.1-complainant.

The aforesaid judgment and order dated 17.02.2018 were

challenged by the petitioner in appeal before the learned Additional

Sessions Judge, Sangrur, who, vide judgment dated 14.05.2019,

dismissed the same finding it without any merit.

Feeling aggrieved, petitioner has filed the instant revision

petition with a prayer that both the aforesaid judgments passed by the

Courts below be set aside and the petitioner may be acquitted of the

charges levelled again