Criminal Revision No.1181 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Cr.Revision No.1181 of 2011 (O&M) DATE OF DECISION : 2.9.2011 Gurmukh Singh PETITIONER VERSUS State of Punjab and another RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri M.K.Garg, Advocate for the petitioner. Shri Gaurav Garg Dhuriwala, D.A.G. Punjab. Shri H.S.Bhullar, Advocate. MAHESH GROVER, J. This revision petition is directed against the order dated 21.3.2009 of the learned J.M.I.C., Faridkot and that of the Appellate Court dated 27.4.2011. The petitioner has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo RI for one year and to pay a fine of Rs.2000/-. The solitary plea which has been raised before this Court is that the allegations against the petitioner are false and that the cheque was meant as a measure of security only and not arising from any legal liability. Both the courts below have negated this plea which the petitioner had Criminal Revision No.1181 of 2011 -2- raised before this Court by noticing that the petitioner had not denied his signatures on the cheque, but had pleaded that the cheque was issued in favour of Baba Farid Finance Company and the complainant had somehow managed to get this cheque from the said company which plea has not been found to be satisfactory, as there was no material to suggest that the defence set up by the petitioner was credible enough so as to warrant acceptance. It is a settled principle of law that a person who issues a cheque which has been dishonoured, has the liability to establish as to how the cheque was issued and why the same has been dishonoured. The defence of the petitioner was not substantiated by any cogent material on record. In such an event, the findings of the courts below cannot be faulted with more so, when the petitioner has invoked the revisional jurisdiction of this Court which is precluded from acting as a Court of Appeal. There being no legal infirmity in the impugned order, the petition is held to be without any merit and is dismissed. (MAHESH GROVER) September 2, 2011 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO