SIKANDER SINGH KHIMTA Vs. BAL KRISHAN RAWT

JUDGEMENT

(1.) By way of instant criminal revision petition filed under S.397 and 401 CrPC, challenge has been laid to judgment dtd. 15/10/2019, passed by learned Additional Sessions Judge-II, Shimla District Shimla in Cr. Appeal No. 10-R/10 of 2014/2012, titled Sikander Singh KKhimta vs. Bal Krishan Rawat, affirming judgment of conviction and order of sentence dtd. 31/5/2012 passed by learned Judicial Magistrate First Class, Jubbal, District Shimla in complaint No. 33/3 of 2009, whereby learned court below, while holding the petitioner- accused (hereinafter, "accused') guilty of having committed offence punishable under S.138 of the Act, (hereinafter Act'), convicted and sentenced him to undergo simple imprisonment for a period of six month and pay a compensation of Rs.1,25,000.00 to the respondent-complainant (hereinafter, "complainant').

(2.) Precisely, the facts of the case, as emerge from the record, are that the complainant instituted a complaint under S.138 of Act in the competent court of law alleging therein that he advanced Rs.1,25,000.00 in the year 2008 to the accused, who with a view to discharge his liability issued cheque No. 605587 dtd. 10/1/2009 in the sum of Rs.1,25,000.00 to the complainant, but the fact remains that the aforesaid cheque on its presentation was dishonoured on account of insufficient funds, as such, complainant was compelled to institute the complaint under S.138 of the Act.

(3.) Learned trial Court on the basis of evidence led on record by respective parties, held the accused guilty of having committed offence punishable under S. 138 of the Act, and accordingly convicted and sentenced as per description given herein above.