VARINDER KUMAR Vs. NOKH RAM

JUDGEMENT

(1.) Instant criminal revision petition filed under S. 397 read with S.401 CrPC, lays challenge to judgment dtd. 2/11/2020, passed by learned Sessions Judge, Shimla in Cr. Appeal No. 5-S/10 of 2020 affirming judgment of conviction and order of sentence dtd. 16/12/2019 and 15/1/2020 passed by learned Judicial Magistrate First Class Court No.4 Shimla in Cr. Case No. 289-3 of 2019/2014, titled Nokh Ram vs. Varinder Kumar, 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 him to undergo simple imprisonment for three months and to pay compensation of Rs.1,60,000.00 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 before learned trial Court, alleging therein that he had family relations with the accused, who approached him to meet financial crises. Complainant alleged that he advanced 1,50,00 to the accused on his request, who with a view to discharge his liability, issued cheque bearing No. 422260 dtd. 10/1/2016 amounting to Rs.1,50,000.00 of his account maintained by him in UCO Bank ARTRAC Shimla. However, the fact remains that the cheque (Exhibit CW-1//A), on its presentation, was dishonoured on account of insufficient funds. After having received return memo Exhibit CW-1/C from the Bank concerned, complainant served accused with legal notice Exhibit CW-1/D, calling upon him to make good the payment within the time stipulated in the legal notice but since the accused failed to make the payment within the time stipulated in legal notice, complainant was compelled to institute complaint under S.138 of the Act.

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