IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 890 of 2001 Date of Decision :- March 02, 2009 Sardool Singh ....PETITIONER VERSUS State of State of Punjab and another ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL Present:- Sh Pardeep Rajput, Advocate for the petitioner. Sh. S.S.Gill, Addl. A.G. Punjab. ------ MEHTAB S.GILL, J. This is a revision against the judgment dated 27.4.2001 of the Addl. Sessions Judge, Amritsar, affirming the judgment dated 16.11.1994 of the Judicial Magistrate 1st Class, Amritsar, whereby he convicted Sardul Singh son of Chuhar Singh under Section 138 of the Negotiable Instruments Act and sentenced him to undergo R.I. for nine months and to pay a fine of Rs. 2500/-. In default of payment of fine to further undergo R.I. for two months. Complainant Partul Singh is partner of M/S G.K. & Sons, Majitha Road, Amritsar. Petitioner/accused Sardool Singh purchased cement from the complainant/respondent on credit basis and issued cheque No.061275, dated 5.6.1993 for Rs.25,900/- drawn on Amritsar Central 2 Criminal Revision No. 890 of 2001 Cooperative Bank, Naushera Pannuan Branch. Respondent presented the cheque through his bankers Punjab & Sind Bank, S.S.S.S. High School, Amritsar, but it was received back with remarks “Exceeds arrangements”. In other words, the cheque was dishonoured. A registered notice was issued on 22.7.1993 by the respondent to the petitioner/accused. In the preliminary evidence, the respondent to prove his case came into the witness box as PW1 and examined Pargat Singh PW2 and closed the preliminary evidence. After perusing the preliminary evidence, the learned trial Court vide its order dated 7.10.1993 summoned the petitioner/accused to face trial for an offence under Section 138 of the Negotiable Instruments Act. The petitioner appeared and pleaded not guilty and claimed trial. In order to prove his case, the respondent brought into the witness box Gurpargat Singh, Branch Manager, the Amritsar Central Coop. Bank PW1, Hardeep Singh PW2 and complainant Partul Singh PW3. I have heard the learned counsel for the parties, perused the impugned judgments and the record with their assistance. Complainant Partul Singh son of Ganda Singh, partner of M/S G.K. & Sons is reported to have died during the pendency of this revision. Partul Singh was the partner of M/S G.K. & Sons, resident of Majitha Road, Amritsar and filed the complaint. Cheque Ex.P2 was duly proved. It has come out, that the cheque was returned with the remarks “Exceeds arrangements”. Notice Ex.PW2/3 was given to the petitioner on 22.7.1993. Complaint was filed within one month i.e. on 16.8.1993. The petitioner did not have sufficient funds in his account. Petitioner issued a 3 Criminal Revision No. 890 of 2001 cheque for Rs.25,900/- dated 5.6.1993 for the purchase of cement. The witnesses duly proved the case of the respondent. I do not find any infirmity in the judgments of the learned trial Court and the appellate Court. Conviction of the petitioner is maintained. Sentence of the petitioner is modified to that already undergone. With the above modification in sentence, revision petition is dismissed. March 02, 2009 (MEHTAB S.GILL) SKArora JUDGE