LAWS(P&H)-2013-9-763

JAGJIT SINGH Vs. SURINDER SINGH AND ANOTHER

Decided On September 18, 2013
JAGJIT SINGH Appellant
V/S
Surinder Singh And Another Respondents

JUDGEMENT

(1.) Petitioner had faced trial in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (in short 'Act').

(2.) Case of the complainant-respondent, in brief, was that petitioner had borrowed a sum of Rs.2,00,000/- from him on 21.01.2008. In order to repay the said loan, petitioner had issued cheque dated 20.07.2008 in favour of the respondent. However, when the cheque in question was presented for encashment, it was dishonoured with the remarks "funds insufficient". Despite service of notice on the petitioner, he had failed to pay the cheque amount in question to the respondent. Hence, the complaint in question was filed.

(3.) Trial Court vide judgment/order dated 20.05.2011 ordered the conviction and sentence of the petitioner qua commission of offence punishable under Section 138 of the Act. Appeal filed by the petitioner against the judgment/order of his conviction was dismissed by the Appellate Court vide judgment dated 05.07.2013. Hence, the present petition.