PARAMJEET SINGH, J. - (1.) PRESENT criminal revision has been preferred by the petitioner against judgment dated 6.12.2012 passed by learned Additional Sessions Judge, Sonipat, thereby dismissing the appeal filed by the petitioner against the judgment of conviction dated 18.1.2011 and order of sentence dated 20.1.2011 passed by learned Additional Chief Judicial Magistrate, Sonipat, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of one year and in default, further undergo simple imprisonment for a period of three months. The petitioner-accused has further been ordered to pay Rs.5,50,000.00 as compensation under Section 357(3) Cr.P.C. to the complainant-respondent.
(2.) BRIEF facts of the case are that criminal complaint was filed by the respondent-complainant against the petitioners under Section 138 of the Negotiable Instruments Act read with Section 420 of the Indian Penal Code with the averments that the accused took a loan from the complainant of Rs.3,00,000.00 on 15.8.2003 at the interest of 2% per month and in order to discharge liability to pay back loan amount of Rs. ,00,000.00, the accused issued cheque bearing No.355054 dated 10.8.2006 for Rs.5,00,000.00. Said cheque on presentation for encashment was dishonoured with the remarks "funds insufficient". Thereafter, the complainant served notice dated 30.8.2006 upon the accused, but the accused failed to comply with the notice. After recording preliminary evidence, the accused-petitioner was summoned under Section 138 of the Negotiable Instruments Act. Finding a prima facie case against the petitioner, notice of accusation was served upon the accused-petitioner to which the accused-petitioner pleaded not guilty and claimed trial. 3. The complainant, in order to prove his case, examined himself as CW1 and Shobha as CW2 and tendered in evidence legal notice Ex.P1, postal receipt Ex.P2, cheque Ex.P3 and Memo Ex.P4 and closed his evidence.
(3.) THEREAFTER , statement of the accused was recorded under Section 313 Cr.P.C. In defence the accused examined Sushil Parshad Manager, HDFC Bank, Sonipat and tendered stop payment instruction Ex.D1, letter of stop payment Ext. D2 and account statement Ex.D3. All incriminating circumstances were put to him. He denied the same and pleaded innocence.;