UMMER FAROOQUE SUHALI Vs. DEWLITE INDUSTRIES

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 Cr.PC read with Sec. 401 of Cr.PC, lays challenge to judgment dtd. 25/2/2020, passed by the learned Additional Sessions Judge-I, Solan, District Solan, HP, in Criminal Appeal No. 23-S/10 of 2019, affirming judgment of conviction and order of sentence dtd. 23/5/2019/25/6/2019, passed by the learned Additional Chief Judicial Magistrate, Court No1. Kasauli, District Solan, H.P., in Case No. 57/03 of 2017, whereby the learned trial Court while holding the petitioner- accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.25,50,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Sec. 138 of the Act, in the court of learned Additional Chief Judicial Magistrate-I Kasauli, District Solan, H.P., alleging therein that complainant-firm is a sole proprietorship concerned and deals in manufacturing/selling LED lights. Accused approached the complainant for purchase of LED lights to be executed by him in Karnataka. Accused sought financial assistance/loan to the tune of Rs.25,00,000.00 from the complainant for the aforesaid project and as such, complainant considering his request, advanced Rs.25,00,000.00 to the accused as friendly loan. Accused with a view to discharge his liability, issued two cheques bearing No. 174502 & 174501, dtd. 10/5/2017 and 10/6/2017 amounting to Rs.15,00,000.00 and Rs.10,00,000.00 respectively, but fact remains that aforesaid cheques, on their presentation, were dishonoured with remarks "account closed". Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment dtd. 23/5/2019/25/6/2019, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, sentenced him as per the description given herein above.