SATISH KUMAR Vs. RAHUL KUMAR

JUDGEMENT

(1.) Instant criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, lays challenge to judgment dated 3.1.2018, passed by the learned Sessions Judge, Una, HP, in Criminal Appeal No. 8/2017, affirming judgment of conviction and sentence dated 27.12.2016, passed by the learned Additional Chief Judicial Magistrate, Una, in criminal complaint No. 87-1 of 2013, whereby the learned trial Court while holding the petitioner- accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of one year and to pay compensation to the tune of Rs.1,30,000/- to the complainant.

(2.) Precisely the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, before the learned Additional Chief Judicial Magistrate, Una, against the present petitioner-accused, alleging therein that in the month of December, 2012, he lent sum of Rs. 1,00,000/- to the petitioner-accused as he wanted to Whether reporters of the Local papers are allowed to see the judgment? buy a car. Complainant alleged that accused with a view to discharge his liability issued cheque bearing No. 096537 amounting to Rs. 1,00,000/- dated 28.3.2013, drawn at HDFC Bank Branch Una, in favour of the complainant, however, fact remains that the aforesaid cheque was dishonoured on its presentation on account of insufficient funds. Since petitioner-accused failed to make the payment good within the stipulated period despite issuance of legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties vide judgment dated 27.12.2016, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, sentenced him as per the description given herein above.