SHYAM LAL Vs. DIWAN CHAND

JUDGEMENT

(1.) By way of this petition, petitioner-accused has assailed the judgment passed by the Court of learned Additional Sessions Judge-I, Mandi, District Mandi in CNR No. HPMA010017782014 dtd. 8/4/2019, whereby learned Appellate Court confirmed the judgment of conviction passed against the petitioner-accused by Court of learned Judicial Magistrate First Class, Karsog, District Mandi, in Criminal Case No. 203-11 of 2011, dtd. 26/11/2013/2/12/2013, whereby learned Trial Court convicted the petitioner-accused for commission of offence punishable under Sec. 138 of the Negotiable of Instruments Act (in short "the Act') and sentenced him to undergo simple imprisonment for a period of three months and also awarded compensation of Rs.40,000.00 to the complainant and in default of payment of compensation amount, he was ordered to further undergo simple imprisonment for one month.

(2.) Brief facts necessary for adjudication of the petition are as under: Respondent-complainant (hereinafter referred to as "the complainant') filed a complaint against the petitioner-accused (hereinafter referred to as "the accused') under Sec. 138 of the Act alleging that accused had borrowed a sum of Rs.40,000.00 from the complainant for his business and for discharging said liability, accused had issued two post dated cheques, bearing No. 030766 and 030767 , dtd. 11/7/2011, for an amount of Rs.20,000.00 each drawn upon State Bank of Patiala Branch at Patlikuhl, PO Katrain, District Kullu, H.P. in favour of the complainant.

(3.) On presentation, said cheques were dishonored, vide Memo, dtd. 26/8/2011, with remarks "Insufficient Funds". Complainant thereafter issued a Legal Notice, dtd. 1/9/2011, and despite receiving the same, no payment was made by the petitioner-accused.