SITA RAM Vs. THE STATE

JUDGEMENT

(1.) THE facts giving rise to this revision petition are as under: Sunder Lal complainant was a dealer in cattle at Rohtak. On 10th August, 1962, the petitioner purchased two buffaloes from him at Rohtak for Rs. 600/ - each. In order to settle the amount he gave a cheque on the Punjab National Bank, Poona. for Rs. 1200/ - on the same day in the presence of Ram Lubhaya and Gopal Das P.Ws. The complainant refused to accept the cheque. The petitioner told him that he should present the cheque in the bank for payment and there would be no difficulty in its encashment. The complainant, therefore, accepted the cheque which was post -dated being of 20th August, 1962. The cheque was accordingly presented to the Punjab National Bank at Rohtak for collection, but when it was sent to the Bank at Poona it was returned with a memo PB that the "amount covered by the cheque was not arranged for." An effort was made by the complainant to secure the payment from the petitioner which proved abortive. The complainant, therefore, lodged the complaint.

(2.) IN support of his contention the complainant examined V.P. Puri, Supervisor, Punjab National Bank at Rohtak, Ram Lubhaya and Gopal Dass besides himself.

(3.) ON the above facts the petitioner was convicted and sentenced to one year's rigorous imprisonment under section 420 of the Penal Code. He went up in appeal in the Court of Sessions which was also dismissed by the Sessions Judge of Rohtak on 9th April, 1964, against which this revision petition is directed.