- (1.) Challenge in this criminal revision petition is to the judgment dated 03.12.2011 (Annexure P-5), passed by learned Additional Sessions Judge, Ferozepur, whereby the appeal filed by the petitioner challenging the judgment of her conviction and sentence dated 17.11.2010 was dismissed.
(2.) The brief facts of the case are that the petitioner and the respondent-complainant were known to each other. The petitioner obtained loan from the respondent/complainant and in discharge of her liability, issued a post dated cheque bearing No.0569760 dated 14.02.2008, worth Rs.2 lacs drawn on Bank of Baroda, Ferozepur City Branch, where the petitioner was maintaining her account. On presentation of the cheque, it bounced and after completing the formalities, the complaint was filed before learned Judicial Magistrate Ist Class, Ferozepur. After trial, learned trial court vide her judgment dated 17.10.2010 held the petitioner guilty for the offence punishable under Section 138 of the Negotiable Instrument Act and awarded the sentence of simple imprisonment for two years besides payment of fine of Rs.10,000/-, in default of which, the petitioner had to undergo further simple imprisonment for one month.
(3.) The judgment of the learned trial court was challenged before learned Additional Sessions Judge, Ferozepur, by way of Criminal Appeal No.28, dated 11.12.2010, which was dismissed on 03.12.2011 while passing the following order:- "Respondent pressed to dismiss the appeal in view of the undertaking given by appellant in the court on 31.10.2011. It was contended by the respondent as well as his counsel that appellant is intentionally avoiding to appear in the court and seeking exemption just to avoid to make the payment of disputed cheque. It was further contended that her appeal is liable to be dismissed in view of the undertaking given by her in the court. Perusal of judicial file reveals that on 31.10.2011 appellant Veena Rani suffered the statement in the court to the following effect:- "I undertake to make the payment of the amount of the disputed cheque within a period of 15 days failing which my appeal may be treated as dismissed as withdrawn" Despite said undertaking given by the appellant, she has failed to make the payment despite availing three opportunities. In such circumstances, the present appeal stands dismissed as withdrawn in view of the statement suffered by her in the Court on 31.10.2011. Lower court record be returned along with copy of order with direction to issue warrants of arrest of the appellant and she be sent to lock up to suffer the sentence as per judgment dated 17.12.2010. File be consigned to the record room, Ferozepur.";