ROSHAN LAL Vs. KISHORI LAL

JUDGEMENT

(1.) Instant criminal revision petition filed under S. 397 read with S. 401 CrPC, lays challenge to judgment dtd. 3/12/2021 passed by learned Additional Sessions Judge, Kullu, District Kullu, Himachal Pradesh in Cr. Appeal No. 16 of 2020, affirming judgment of conviction and order of sentence dtd. 11/2/2020, passed by learned Chief Judicial Magistrate, Kullu, Himachal Pradesh in Cr. Complaint No. 80I/2012 (486-I/2013) titled Kishori Lal v. Roshan Lal, 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 a period of six months and pay compensation in the sum of Rs.70,000.00 to the respondent-complainant (hereinafter, -complainant-).

(2.) Precisely, the facts of the case, as emerge from the record, are that the complainant instituted proceedings under S.138 of the Act in the competent court of law, alleging therein that since the accused was well known to him, on his request, complainant lent Rs.50,000.00 to the accused, who with a view to discharge his liability, issued cheque bearing No.023761 dtd. 5/3/2012 amounting to Rs.50,000.00 drawn on Union Bank of India, Bhunter, Kullu. However, the fact remains that the aforesaid cheque on its presentation was dishonoured on account of insufficient funds vide memo dtd. 15/3/2012. Since despite having received legal notice, accused failed to make good payment as such, complainant was compelled to institute proceedings under S. 138 of the Act in the competent Court of law.

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