AMARJIT SINGH KUNDU Vs. BALJEET SINGH

JUDGEMENT

(1.) Challenge in the present Criminal Revision is to the judgment/order dtd. 12/3/2018/15/3/2018 vide which the petitioner has been convicted under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") and has been sentenced for simple imprisonment for a period of one month and has been further directed to pay the compensation of the cheque amount i.e. Rs.1,00,000.00 to the complainant and in default of the said payment, to further undergo simple imprisonment for a period of three months.

(2.) Challenge has also been made to the judgment dtd. 5/4/2022 passed by the Additional Sessions Judge, Hisar vide which the appeal preferred by the petitioner has been dismissed and sentence has been upheld.

(3.) Learned counsel for the petitioner has submitted that in the present case, there is no proof regarding the fact that a friendly loan was given by the complainant to the petitioner and even the date of the said loan has not been mentioned. It is further submitted that a blank cheque was given as a security to the complainant by the petitioner and the dispute had arisen between the petitioner and the complainant as the complainant had told the petitioner to sell the vehicle loaded with chicks without the knowledge of the company and the petitioner had refused to do the same and thereafter, the complainant did not allow the vehicle of the petitioner to leave the poultry farm unless the petitioner paid him Rs.54,000.00. It is argued that when the petitioner had paid an amount of Rs.54,000.00 to the complainant then the petitioner also gave the cheque in question as a security to the complainant. It is also argued that the complainant had returned Rs.4000.00 to the petitioner. It is contended that the said security cheque has been misused by the complainant.