GIAN CHAND Vs. ASHISH KUMAR

JUDGEMENT

(1.) Instant criminal revision petition filed under S.397 read with S.401 CrPC, lays challenge to judgment dtd. 20/7/2019 passed by learned Sessions Judge Kullu, HP in Cr.Appeal No.06 of 2019, titled Gian Chand vs. Dharam Chand, affirming judgment and order of conviction dtd.8/3/2019 passed by learned Judicial Magistrate 1st Class, Lahul and Spiti at Kullu in Cr. Complaint No. 03-1/2013, titled Dharam Chand vs. Gian Chand, whereby learned trial Court, 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 him to undergo simple imprisonment for one year and to pay compensation of Rs.50,000.00 to the respondent-complainant (hereinafter, 'complainant') and, in default of payment of compensation, to further undergo simple imprisonment for one month.

(2.) Precisely, the facts of the case, as emerge from the record, are that, respondent/complainant instituted a complaint under S. 138 of the Act in the court of learned Chief Judicial Magistrate, Lahul and Spiti at Kullu alleging therein that since the accused was well known to him and they were having friendly relations, he advanced a sum of Rs.1,50,000.00 to the accused for construction of house who further with a view discharge his legally enforceable liability, issued a cheque bearing No. 745482 dtd. 26/10/2012 amounting to Rs.1,50,000.00 drawn at Andhra Bank Kullu branch. However, the fact remains that on presentation of cheque Exhibit CB, was dishonoured on account of insufficient funds vide memo Exhibit CC. Complainant issued a legal notice Exhibit CD calling upon the accused to make good the payment within stipulated time but since he failed to do the same, complainant had no option but to institute complaint under S.138 of the Act. Learned trial Court, on the basis of evidence collected on record, held the accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him as per description given above.

(3.) Being aggrieved and dissatisfied with judgment and order of conviction dtd. 8/3/2019 passed by learned trial Court, accused preferred an appeal before learned Sessions Judge Kullu, Himachal Pradesh, which also came to be dismissed vide judgment dtd. 20/7/2019. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments and order of conviction recorded by learned courts below.