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CRM-11731-2026 in/and CRR-1410-2024 (O&M) -1-

116 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH -.-

CRM-11731-2026 in/and CRR-1410-2024 (O&M)

Date of Decision : 25.03.2026

Vikas Kumar ....Petitioner

VERSUS

Pawan Kumar and Another ....Respondents

CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU

Present: Mr. Gaurav Jain, Advocate for the petitioner.

-.-

MANDEEP PANNU J. (Oral)

1. The petitioner has filed the instant revision petition for setting aside the impugned judgment of conviction dated 18.08.2017 and order of sentence dated 21.08.2017, passed by the learned Chief Judicial Magistrate Fatehabad, whereby he has been convicted and sentenced to undergo simple imprisonment for a period of 01 year for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and to pay compensation to the respondent No.2 to the tune of cheque amount i.e. Rs.90,000/- as also the judgment dated 04.07.2026, passed by learned Addl. Sessions Judge, Fatehabad, vide which the appeal of the petitioner against the aforesaid judgment of conviction and order

of sentence has been dismissed.

2. The brief facts of the case are that the accused had been having cordial relations with the complainant and he requested to the complainant to lend the money of Rs.1,00,000/- as he is in need of sum of Rs. 1,00,000/- to fulfill his domestic need and the complainant paid a sum of Rs. 1,00,000/- to the accused keeping in view the cordial relations and genuine personal need of the accused and genuine personal need of the accused and it was assured by the accused at that time

TRIPTI SAINI

2026.03.25 20:13 I attest to the accuracy and integrity of this document

CRM-11731-2026 in/and CRR-1410-2024 (O&M) -2-

that he will repay the said amount to the complainant as soon as possible and the accused was under lawful liability to pay a sum of Rs. 1,00,000/-. The complainant demanded his above-mentioned amount of Rs. 1,00,000/- from the accused and after great efforts of the complainant, the accused agreed to repay the above-said amount of Rs. 1,00,000/- to the complainant. In discharge of the above-said lawful liability, the accused issued a cheque no. 712465 dated 23.03.2016 amounting to Rs. 1,00,000/- of his account no. 30697741758 maintained by him with State Bank of India Branch Mini Secretariat, Fatehabad in the name of the complainant and assured to the complainant that on presentation of cheque, the same will be honoured, but the accused was dishonest right from the beginning and fully knowing that the cheque on presentation cannot be honoured as there was insufficient funds in the account to honour the cheque. The complainant deposited the said cheque no. 712465 dated 23.03.2016 in his account with State Bank of India Branch Mini Secretariat, Fatehabad in order to collect the said amount of Rs. 1,00,000/- of said cheque and State Bank of India Branch Mini Secretariat, Fatehabad returned this cheque as unpaid to the complainant with his memo of dishonur dated 13.04.2016 on the ground that there is insufficient fund in the account of the accused with the remarks 'funds insufficient' and thus said cheque

no. 712465 dated 23.03.2016 of accused Vikas Kumar has been dishonoured.

3. It has been further averred that after receipt of the said cheque as unpaid, the complainant served a legal notice to the accused through registered post on 26.04.2016 with acknowledgment due through his counsel Sh. Sunil Kumar Dharnia, Advocate, Fatehabad, to the accused thereby calling upon to him to make the payment of Rs. 1,00,000/- to the complainant within 15 days of the receipt of the notice and the notice has been duly served to the accused, but despite service of legal notice, the accused has not made the payment of the cheque

TRIPTI SAINI

2026.03.25 20:13 I attest to the accuracy and integrity of this document

CRM-11731-2026 in/and CRR-1410-2024 (O&M) -3-

amount and even did not bother to give reply of the legal notice. The accused has