DEEP RAJ Vs. SH GOVERDHAN CHAUHAN

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 of Cr.PC, lays challenge to judgment dtd. 15/12/2021, passed by the learned Sessions Judge (Forests), Shimla, HP, in Criminal Appeal No. 12-R/10 of 2021, affirming judgment of conviction and order of sentence dated 10/24/2/2021, passed by the learned ACJM-I, Rohru, District Shimla, H.P., in Criminal Case No.52/3 of 2014, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of one year and pay compensation to the tune of Rs.3,30,000.00to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Sec. 138 of the Act, in the court of learned ACJM-I, Rohru, District Shimla, H.P., alleging therein that accused had purchased large number of empty apple cases alongwith other material from his shop on credit basis with an assurance that after selling the apple crop, he would pay back the price of the said cases. Accused with a view to discharge his liability issued two cheques dtd. 6/6/2014, amounting to Rs.80,000.00 and Rs.1,00,000.00, but fact remains that aforesaid cheques on their presentation to the bank concerned, were dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment dated 10/24/2/2021, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, convicted and sentenced him as per the description given herein above.