SURINDER KUMAR Vs. NISHANT ARORA AND ORS.

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Section 397/401 of the Code of Criminal Procedure, is directed against the judgment, dated 7.8.2019 passed by learned Additional Sessions Judge-?III, Kangra at Dharamshala (Camp at Palampur) District Kangra, H.P., in Criminal Appeal No.2-?P/X/2017, affirming the judgment of conviction and order of sentence dated 8.5.2017/11.5.2017, passed by learned Additional Chief Judicial Magistrate, Palampur, District Kangra, H.P., in criminal case No. 68-? III/2013, whereby learned trial Court while holding petitioner-?accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs.70,000/-?.

(2.) Precisely, the facts as emerge from the record are that the respondent No.2 (hereinafter referred to as the 'complainant') filed a complaint under Section 138 of the Negotiable Instruments Act ( for short 'Act') in the Court of learned Additional Chief Judicial Magistrate, Palampur, District Kangra, H.P., alleging therein that he had lent sum of Rs.58,000/-? to the petitioner-?accused (hereinafter referred to as the 'accused'), on his request vide cheques No.32001832 and 32001831, amounting to Rs. 18,000/-? and Rs. 40,000/-? respectively. Accused with a view to discharge his aforesaid liability, issued cheque bearing No. 814578, dated 5.3.2013, amounting to Rs.58,000/-? drawn on Canara Bank, Palampur in favour of the complainant. However, fact remains that on presentation, aforesaid cheque was dishonoured on account of insufficient funds. Since having received legal notice, accused failed to make the payment good within the prescribed period, complainant was compelled to initiate proceedings under Section 138 of the Act, in the competent Court of law.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Section 138 of the Act vide judgment/order dated 8.5.2017/11.5.2017 and accordingly convicted and sentenced him, as per the description given hereinabove.