JAMMU, June12 : Principal Sessions Judge Jammu RS Jain today upheld the imprisonment of six months and fine Rs 20,000 to Raj Singh Chib who had filed Criminal Appeal against the judgment passed by Special Mobile (Passenger Tax Shops and Establishment Act) Magistrate, Jammu whereby appellant had been convicted u/s 138 Negotiable Instrument Act. According to the case, the complaint being that in August 2005, on request of accused for financial assistance, the complainant gave Rs.45500 and for repayment of the said debt, accused issued a cheque for Rs.45500 which presented for payment was dishonoured by bank vide memo dated 6-2-2006 on grounds of 'insufficient funds'.
On receipt of the dishonoured cheques, the complainant sent a notice to accused calling upon him makes the payment of the cheque amount. Despite the notice, accused did not make the payment. Hence the complaint u/s 138 Negotiable Instrument Act.
Principal Sessions Judge Jammu RS Jain after hearing both the sides held that no illegality or infirmity in the judgment dated 9.5.2012 passed by the Trial Court thereby holding the accused/ appellant guilty of the offence under Section 138 of N.I. Act, which judgment is hereby upheld. Accused present in court be taken into custody for serving the reminder of the sentence imposed upon him by the trial court. (JNF) |
