T.P.S.MANN,J. - (1.) The petitioner was tried for committing the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as "the Act"). Vide judgment and order dated 25/26.2.2003, learned Judicial Magistrate 1st Class, Fatehabad convicted him for the said offence and sentenced him to undergo imprisonment for a period of one year and to pay a fine of L 3,000/- and in default of payment of fine, to further undergo imprisonment for a period of three months.
(2.) Aggrieved of his conviction and sentence, the petitioner preferred an appeal. Vide judgment dated 15.3.2005, learned Additional Sessions Judge, Fatehabad while holding that there was sufficient, cogent and reliable evidence on record which proved that the petitioner had committed the offence punishable under Section 138 of the Act, held the appeal to be devoid of any merit and consequently dismissed the same. Still not satisfied, the petitioner preferred the present revision which was admitted on 6.5.2005. The jail sentence of the petitioner was also suspended and he was ordered to be released on bail during the pendency of the revision.
(3.) The criminal proceedings were initiated against the petitioner on the basis of a complaint filed by Shri Sat Narain, Proprietor of Jindal Udyog, Bhattu Kalan, District Fatehabad under Section 138 of the Act. It was alleged by the complainant that he was running a cotton factory and also conducting the business of sale and purchase of cotton and cotton seeds. He had been transacting business with G.P. Economical Traders Private Limited since 1991 and the petitioner was the Managing Director of the said firm. As on 15.2.1993, a sum of L 4,26,095/- including interest was due and outstanding towards the petitioner, who confirmed the aforementioned balance. In order to discharge the liability, the petitioner issued cheque No. 367151 dated 24.2.1993 for an amount of L;