- (1.) Present criminal revision has been preferred by the petitioner against judgment dated 23.10.2012 passed by learned Additional Sessions Judge, Gurgaon, thereby dismissing the appeal filed by the petitioner against the judgment of conviction dated 10.12.2011 and order of sentence dated 12.12.2009 passed by learned Judicial Magistrate First Class, Gurgaon, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay compensation the cheque amount i.e. Rs. 2,41,971/- to the petitioner. Brief facts of the case are that criminal complaint was filed by the respondent - complainant against the petitioner under Sections 138/142 of the Negotiable Instruments Act read with Section 420 IPC with the averments that the petitioner took a loan from the complainant company for the purpose of a vehicle and a written loan agreement bearing No. A-82535 was executed between the accused and the complainant. In order to discharge of the above referred debt and liability towards the complainant company, the accused issued a cheque bearing No. 193711 dated 29.06.2006 for a sum of Rs. 2,41,971/- in favour of the complainant company. Said cheque on presentation for encashment was returned back with the remarks "Insufficient Funds". Thereafter, the complainant served legal notice dated 30.09.2004 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.
(2.) Mr. Paras Gupta, authorized persons of the complainant company, in order to prove the case, examined himself as CW1 and closed his evidence.
(3.) Thereafter, statement of the accused was recorded under Section 313 Cr.P.C. All incriminating circumstances were put to him. He denied the same and pleaded innocence.;