THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRR-2065-2025 (O&M)

Date of decision: 01.12.2025.

PARDEEP KUMAR ...Petitioner(s)

VERSUS STATE OF HARYANA AND ANOTHER ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Deepak Kumar, Advocate, for the petitioner.

VINOD S. BHARDWAJ, J. (Oral)

This revision petition has been filed aggrieved of the judgment of conviction and order of sentence dated 09.09.2022 passed by the Sub Divisional Judicial Magistrate, Ratia, whereby the petitioner had been convicted for the commission of offence under Section 138 of the Negotiable Instruments Act, 1881 and had been sentenced to undergo rigorous imprisonment for a period of one year and further to pay cheque amount as compensation in terms of Section 357(3) of the Cr.P.C. to the complainant within a period of one month.

2 A further challenge is raised to the judgment dated 01.08.2025, whereby the Additional Sessions Judge, Fatehabad, has dismissed the Criminal Appeal No. CRA/124/2022 preferred by the petitioner and affirmed the judgment of conviction and order of sentence dated 09.09.2022 passed by the Sub Divisional Judicial Magistrate, Ratia.

3 Briefly stated, the facts of the present case are that the respondent-complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 through its partner, Surjeet Singh son of Sh. Harbans Lal, averring that the respondent-complainant had business dealings with the petitioner. The petitioner used to purchase insecticides and pesticides from the complainant-firm. Upon rendition of accounts, a sum of ₹

18,73,400/- was found outstanding against the petitioner. Accordingly, cheque No. 546696 dated 19.06.2017 was issued by the petitioner in favour of the complainant-firm in discharge of the aforesaid legally enforceable liability. On presentation, the cheque was dishonoured with the endorsement “Funds Insufficient” vide return memo dated 30.06.2017. A legal notice dated 18.07.2017 was thereafter issued by the complainant-firm; however, as the payment was not made despite issuance of the said notice, the complaint under Section 138 of the Negotiable Instruments Act, 1881 came to be instituted.

4. Parties appeared before the Court. Evidence was led. The respondent-complainant tendered following documents: -

Ex.Cl Original cheque No. 546696 dated 19.06.2017 Ex.C2 & C3 Return memo Ex.C4 Legal notice Ex.C5 Postal receipt Ex. C6 Ledger account of Farmer Trading Co. firm from

1.4.2015 to 31.03.2016 Ex.C7 Ledger account of Farmer Trading Co. firm from

01.04.2016 to 31.03.2017 Ex.C8 Account ledger Farmer Trading Co. from

01.04.2019 to 31.03.2020 Ex.C9 Account ledger Farmer Trading Co. from

01.04.2020 to 19.03.2021 Ex.C10 to C30 Cash/credit memo of M/s Farmer Trading Company Ex.C31 Form-A Register of Firm Ex.C32 Balance sheet as on 31 March 2016 of M/s Farmer Trading Company Ex.C33 Balance sheet as on 31 March 2017 of M/s Farmer Trading Company Ex.C34 Balance sheet as on 31 March 2018 of M/s Farmer Trading Company Ex.C35 Balance sheet as on 31 March 2019 of M/s Farmer Trading Company Ex.C36 Balance sheet as on 31 March 2020 of M/s Farmer Trading Company Ex.C37 Attested copy of Income Tax Return assessment year 2016-17of M/s Farmer Trading Company Ex.C38 Attested copy of Income Tax Return assessment year 2017-18 of M/s Farmer Trading Company Ex.C39 Attested copy of Income Tax Return assessment year 2018-19 of M/s Farmer Trading Company Ex.C40 Attested copy of Income Tax Return assessment year 2019-20 of M/s Farmer Trading Company Ex.C41 Attested copy of Income Tax Return assessment year 2020-21 of M/s Farmer Trading Company Ex.C42 Affidavit of Pardeep Kumar proprietor of M/s farmer Trading Company Ex.C43 Copy of voter card of Pardeep Kumar Ex.C44 Copy of Pan Card of Pardeep Kumar Ex.C45 Copy of Form VIII Licence to sell, stock or exhibit for sale or distribution of insecticides Ex.C46. Copy of jamabandi for the year 2018-2019

5 On furnishing of the requisite documents, the evid