- (1.) Pawan Kumar Sharma, the complainant brought a complaint against the petitioner, Amin Chand Kangria for an offence punishable under section 138 of Negotiable Instruments Act, 1881 (for short, "the Act") alleging that for discharging his legally enforceable debt, the petitioner issued a cheque bearing No. 144401 dated 12.9.2005 for a sum of Rs. 50,000/- drawn on State Bank of India, Suratgarh branch in favour of the complainant. According to him, the said cheque was dishonoured on presentation and as the complainant did not make payment of the amount of the cheque despite notice, he filed the complaint.
(2.) It may be sufficient to mention here that at the trial while being examined under section 313 Cr. P. C. , the petitioner denied his liability to the complainant and had examined one Jabar Mohamed as DW-1 to prove that the petitioner purchased a truck from the complainant and the cheque in question was issued by way of security in connection with the said transaction.
(3.) Learned Special Judicial Magistrate, Bhatinda did not believe this plea of the petitioner and vide judgment dated 1.8.2011 held the petitioner guilty and convicted him for the offence punishable under section 138 of the Act and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/- with further rigorous imprisonment for a period of one month in default of payment of fine.;