- (1.) Petitioner has filed the present revision petition challenging the judgment dated 16.5.2016 passed by learned Additional Sessions Judge, Jalandhar, whereby his appeal against judgment of conviction and sentence dated 7.8.2014 passed by Sub Divisional Judicial Magistrate, Phillaur was dismissed. Vide judgment dated 7.8.2014, learned Magistrate has held the petitioner guilty for committing an offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") and has sentenced him to undergo rigorous imprisonment for a period of one year and to pay costs of Rs.2,000/-. Briefly stated, respondent-Kuljinder Singh filed a complaint against the petitioner under Section 138 of the Act and Section 420 IPC, with the allegations that the petitioner has borrowed a sum of Rs.2,30,000/- from the respondent-complainant in the month of March, 2012 for his personal need. The petitioner had agreed to pay back the said amount within one month and in order to discharge his legal liability, he had issued a postdated cheque, in favour of the respondent i.e. cheque No.722279 dated 17.4.2012 drawn on ICICI Bank Branch, Phagwara. The petitioner assured the respondent that in case the cheque is presented in the bank, the same shall be encashed. Respondent presented the said cheque in bank for encashment, but the same was returned back with the remarks "Account Closed" vide memo. dated 19.4.2012. As required under Section 138 of the Act, the respondent issued a Legal Notice dated 14.5.2012 to the petitioner to make the payment of the cheque amount. However, the petitioner did not make the payment of the cheque amount in question, giving a cause of action to the respondent-complainant to file the present complaint. Petitioner was summoned under Section 138 of the Act and notice of accusations for commission of offence under Section 138 was also served upon him. The petitioner did not plead guilty and rather, claimed trial.
(2.) The respondent himself stepped into the witness box as CW-1 and reiterated the averments made in the complaint in his affidavit Ex.CA and proved the statement of account as Ex.C1, original cheque dated 17.4.2012 as Ex.C2, memo. dated 19.4.2012 as Ex.C3, legal notice dated 14.5.2012 as Ex.C4 and postal receipt as Ex.C5 and closed his evidence. The statement of the petitioner under Section 313 CrPC was recorded and all the incriminating evidence appearing against him was put to him, to which, he pleaded false implication and claimed his innocence.
(3.) Learned trial Court had framed the following issues for determination:- "1. Whether accused has issued a cheque for a sum of Rs.2,30,000/- dated 17.04.2012 drawn on ICICI Bank Branch Phagwara in favour of the complainant in discharge of his legal liability or not 2. Whether said cheque on presentation returned back dishonoured with the remarks "Account closed" and despite the issuance of legal notice accused failed to make the payment of the cheque amount within statutory period or not -;