HARI PAL VERMA,J. - (1.) Petitioner, namely, Joginder Pal son of Sh. Inder Singh, Proprietor of Wellwisher Footwear, resident of House No. 935, Ward No.1, Jodiwara, Behind Vishkarma Mandir, Ambala City has filed the present revision petition against the order dated 17.11.2015 passed by learned Addl. Sessions Judge, Ambala, whereby, his appeal against the judgment of conviction dated 18.04.2013 and order of sentence dated 20.04.2013 passed by learned Judicial Magistrate 1st Class, Ambala, was dismissed.
(2.) Respondent No. 1-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the Act") alleging therein that the petitioner-accused had availed a loan of an amount of L 1,50,000/- for which he executed a loan agreement separately. In order to discharge the liability of the said loan, the petitioner-accused issued three cheques bearing No.646705, dated 02.03.2009 for L 18,750/-; 646703 dated 09.03.2009 for L 75,000/- and 646704 dated 14.03.2009 for L 37,500/-, drawn on State Bank of Patiala, Ambala City, but when the complainant deposited the said cheques for collection, same were dishonored with the remarks "Exceed Arrangement".
(3.) The learned Magistrate, after hearing both the sides and appreciating the evidence, held the accused-petitioner guilty of the offence punishable under section 138 of the Act vide judgment of conviction dated 18.04.2013 and sentenced him vide order of sentence dated 20.04.2013 to undergo simple imprisonment for six months and to pay the cheque amount of L 1,31,250/- to the complainant.;