FATEH DEEP SINGH,J. - (1.) The revisionist-petitioner through this invocation by way of criminal revision under section 401 of the Code of Criminal Procedure (in short, Cr.P.C.) has sought to lay challenge to the judgment of conviction dated 4.12.2014 passed by learned Judicial Magistrate Ist Class, Patiala and which was subsequently upheld by the first appellate court of learned Additional Sessions Judge, Patiala through judgment dated 19.10.2015.
(2.) The brief background that needs to be highlighted is that the Patiala Central Cooperative Bank Ltd (in short, the Cooperative Bank), the respondent before this Court filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (in short, the Act) against revisionist petitioner Baljit Singh. The allegations were that the accused had approached the Cooperative Bank for housing loan of L 2,25,000/- and which request was processed and sanctioned in January, 2007 claiming that the amount stood disbursed. It was in acknowledgment of this loan amount, the complainant claims that the accused had earlier issued cheque dated 21.12.2011 bearing No. 068859 for a sum of L 3 lacs from his account drawn on UTI Bank Limited, thus acknowledging the liability. The said cheque as per these allegations was returned back unpaid through memo dated 22.12.2011 with the remarks "account closed" leading to service of legal notice on 9.1.2012 and hence the complaint in question.
(3.) The court of learned Judicial Magistrate Ist Class, Patiala through judgment dated 4.12.2014 convicted the accused under section 138 of the Act and sentenced him to undergo RI for one year and which was upheld by learned first appellate court through judgment dated 19.10.2015.;