A.N.JINDAL, J. - (1.) ASSAILED in this petition is the judgment dated 17.07.2008 passed by the Sessions Judge, Amritsar, accepting the appeal preferred by the accused-respondents (hereinafter referred to as the respondents) against the judgment of conviction dated 15.09.2007 passed by the Judicial Magistrate, Ist Class, Amritsar and acquitting respondent No.1 of the charge framed against him.
(2.) THE Judicial Magistrate, Ist Class, Amritsar had convicted and sentenced respondent No.1 to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/- under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'), whereas on challenge to the said judgment, the Sessions Judge, Amritsar, accepted the appeal; set aside the impugned judgment and acquitted the accused of the charges framed against them. The facts, in brief, are that respondent No.1, in order to discharge his financial liability, had issued a cheque Ex.CW2/3 for a sum of Rs.1,00,000/- on 30.01.2001, drawn on Punjab National Bank, Akali Market, Amritsar, in favour of the complainant-petitioner (hereinafter referred to as 'the petitioner'), which, on presentation, was returned uncashed with the remarks "accounts closed" vide memo Ex.CW2/4. A legal notice Ex.CW3/2 was served upon respondent No.1 on 13.08.2001 for making payment, but the same remained unresponded. Thereafter, the present complaint was filed.
(3.) AFTER recording of the preliminary evidence, the respondents were summoned. The petitioner examined Kapil Dev Dhawan (CW-1), Uttam Singh, Clerk (CW-2), Satish Kumar (CW- 3) and closed his evidence. When examined under Section 313 Cr.P.C., respondent No.1 denied all the allegations and pleaded his false implication. However, in defence, he examined Vijay Kumar, Cashier (DW-1).;