VIJAY KUMAR SETHI Vs. KANWAR BHUPINDER SINGH

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 16-8-1999 passed by the learned Sessions Judge, Shimla in Criminal Appeal No. 6-S/10 of 1996/93 whereby the said appeal against the judgment dated 16-3-1998 passed by the learned Judicial Magistrate (3), Shimla convicting and sentencing the accused/petitioner (hereafter referred to as 'the accused') under Section 138 of the Negotiable Instruments Act (hereafter referred to as 'the Act') has been dismissed.

(2.) Brief facts leading to the presentation of this petition are that the respondent/complainant (hereafter referred to as 'the complainant') filed a complaint against the accused under Section 138 of the Act on the allegations that the accused issued a cheque Ext. P-1 dated 28-10-1993 for Rs. 8,600.00 in favour of the complainant for valuable consideration. The cheque was drawn on Indian Bank Shimla branch. The cheque was handed over by the complainant through the Punjab National Bank Shimla branch within the period of validity but was dishonoured because of the failure on the part of the accused to arrange sufficient funds for clearance of the cheque and in issuing such a cheque the accused had the intention to deceive the complainant. On receipt of the dishonoured cheque vide memo dated 3-11-1993, the complainant issued notice to the accused within 15 days thereof calling upon the accused to pay the amount of the cheque along with other charges to him within 15 days from the receipt of the notice. The accused, however, despite receipt of the notice did not pay the amount of the cheque to the complainant within the stipulated period. Hence the complaint.

(3.) Accusations under Section 138 of the Act were put to the accused who pleaded not guilty. To prove the accusations against the accused the complainant, in addition to his own statement as PW-1, examined PW-2 Baldev Raj, Assistant Manager, Indian Bank and (PW-3) Rajeev Sharma, Clerk of the Punjab National Bank.