NATWAR SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) The present petition maintained under Sec. 482 Cr.P.C to compound the offence committed by the petitioner under Sec. 138 of the Negotiable Instruments Act, in Case No.33-3 of 2018 titled Raj Kumar vs. Natwar Singh and further to quash the sentence of six months awarded to the petitioner alongwith all consequential proceedings arising out of the said F.I.R; pending before the learned trial Court.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent No.1-complainant instituted a complaint under Sec. 138 of the Negotiable Instruments Act, that he owns an apple orchard at village Banoti. The petitioner-accused was dealing in business of apples at Subzi Mandi, Rohru. During apple season 2017, he sold his apple crop to the petitioner. The petitioner was having liability of Rs.88,000.00 to discharge liability towards respondent No.1 - complainant in the said consideration. The petitioner issued a cheque amounting to Rs.88,000.00 drawn on Punjab National Bank, Rohru, in his favour. Thereafter, the said cheque presented for collection through Punjab National Bank, Devidhar, the same was dishonoured due to Insufficient funds. Respondent No.1 issued a legal notice to the petitioner by registered post on 16/12/2017, whereby the petitioner was called upon to make payment of the cheque amount within the statutory period of 15 days from the receipt of notice. Despite delivery of notice, the petitioner failed to respond it. Hence, the present petition.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment dtd. 31/12/2018, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, convicted and sentenced him to undergo simple imprisonment for six months and pay compensation to the tune of Rs.90,000.00 and in default of payment of compensation the convict shall further undergo simple imprisonment for a period of one month.