VINOD KUMAR Vs. DEEP SAINI

JUDGEMENT

(1.) By way of instant Cr. Revision petition filed under S.397 read with S. 401 CrPC, challenge has been laid to judgment dtd. 21/12/2019 passed by learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal No. 69/2015, 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 Cr. Complaint No. 41-I/2011//33-III/2011, whereby learned trial Court, while holding the petitioner-accused (hereinafter, 'accused') guilty of having committed offences punishable under S.138 of the Negotiable Instruments Act (hereinafter, 'Act'), convicted and sentenced him to undergo simple imprisonment for one year and pay Rs.50,000.00 as compensation 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 the Act, in the competent court of law, alleging therein that he had advanced Rs.50,000.00 to the accused, who, with a view to discharge his liability, issued cheque No. 289383, dtd. 18/7/2010, amounting to Rs.50,000.00 (Ext. CW-1/A). However, the fact remains that the said cheque on its presentation was dishonoured with the remarks, "exceeds arrangement". Banker of the complainant informed him about dishonouring of the cheque through memo, Ext. CW-3/A. After having received memo from the Bank, complainant served the accused with legal notice, Ext. CW-4/A, calling upon him to make good the payment within the time stipulated in the notice, but when the accused failed to make good the payment within the stipulated time, complainant was compelled to institute complaint under S.138 of the Act in the competent Court of law.

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