HARI CHAND Vs. DEEP SAINI

JUDGEMENT

(1.) By way of instant Cr. Revision filed under S. 397 read with S.401 CrPC lays challenge to judgment dtd. 20/12/2019, passed by learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal 71/2015, affirming judgment of conviction and order of sentence dtd. 14/8/2014 passed by learned Additional Chief Judicial Magistrate, Court No.1 Sundernagar, District Mandi, Himachal Pradesh in criminal complaint No. 40-I/2011// 32-III/2011, whereby learned court below, while holding petitioner-accused (hereinafter, 'accused') guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, 'Act') convicted and sentenced the accused to undergo simple imprisonment for a period of one year and to pay Rs.1,00,000.00 as compensation to the respondent-complainant (hereinafter, 'complainant')

(2.) Precisely, the facts of the case, as emerge from the record, are that complainant instituted a complaint under S.138 of the Act alleging therein that he had advanced sum of Rs.1,00,000.00 to the complainant, who with a view to discharge his liability issued cheque No. 831355 dtd. 16/7/2010 (Ext. CW-1/A) for Rs.1,00,000,.00 However, the fact remains that the cheque on its presentation was dishonoured with the endorsement, "exceeds arrangement" vide memo, Ext. CW-2/A. After having received memo from the bank concerned, complainant served accused with a legal notice Exhibit CW-3/A, calling him to make good the payment within the time stipulated in the notice, but since accused failed to make good the payment within the time stipulated in the legal notice, complainant filed complaint under S.138 of the Act in the competent court of law. On the basis of evidence collected on record by respective parties, learned trial Court held petitioner guilty of having committed offences punishable under S.138 and convicted and sentenced him as per description given herein above.

(3.) Being aggrieved and dissatisfied with judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the court of learned Additional Sessions Judge, Sundernagar, Mandi, Himachal Pradesh which was dismissed vide judgment dtd. 20/12/2019. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments of conviction and order of sentence recorded by learned courts below.