DINESH KUMAR Vs. A.K. ENTERPRISE

JUDGEMENT

(1.) By way of instant criminal revision petition filed under S.397 and 401 CrPC, challenge has been laid to judgment dtd. 21/3/2020 passed by learned Sessions Judge, Solan, Himachal Pradesh in Cr. Appeal No. 52-S/10 of 2019, affirming the judgment of conviction and order of sentence dtd. 25/10/2019/31/10/2019 passed by learned Chief Judicial Magistrate, Solan, District Solan, Himachal Pradesh in Criminal Complaint No. 3/3 of 2016/13, whereby learned trial Court, while holding the petitioner-accused (hereinafter, "accused') guilty of having committed offence punishable under S.138 of the Act, (hereinafter Act'), convicted and sentenced to undergo simple imprisonment for a period of six month and to pay a compensation of Rs.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 accused deals in purchase and sale of different plastic products and purchased fiber white cloth, coloured cloth etc. from the complainant and in discharge of his liability, issued three cheques Nos. 100025, dated 105..2013 for Rs.10,000.00, cheque No. 100026, dtd. 10/6/2013 for Rs.13,880.00 and cheque No. 1000218, dtd. 29/5/2013 for Rs.14,000.00 /- to the complainant, but the fact remains that the aforesaid cheques on their presentation for encashment, were 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.