SABINA,J. - (1.) Petitioner had faced trial under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as 'the Act') on a complaint filed by respondent No. 2 with regard to dishonour of cheque dated 17.07.1999 in the sum of Rs. 1,00,000/-. Case of the complainant in brief is that the accused had taken loan from the complainant in the sum of Rs. 1,00,000/- vide cheque dated 25.09.1998. For repayment of loan, cheque in question had been issued by Kailash Chandra on behalf of the firm Banshidhar Sanehilal. However, when the cheque was presented for encashment, it was dishonoured by the bank as the payment had been stopped by drawer. Despite issuance of notice, petitioner had failed to pay the cheque amount in question to the complainant. Hence, the complaint under Section 138 of the Act was filed against the accused. During trial, complainant led his evidence in support of his case.
(2.) Trial Court vide judgment/order dated 22.11.2002 ordered the conviction and sentence of the petitioner under Section 138 of the Act. The other co-accused of the petitioner were absconders. Appeal filed by the petitioner was dismissed by the Appellate court vide order dated 16.07.2003.
(3.) Hence, the present petition by the petitioner.;