RAVINDER Vs. HIMACHAL PRADESH GRAMIN BANK

JUDGEMENT

(1.) Instant criminal revision petition filed under S. 397 read with S.401 CrPC, lays challenge to judgment dtd. 27/7/2020 passed by learned Sessions Judge, Solan, Himachal Pradesh in Cr. Appeal No. 6-S/10 of 2020/2019, affirming judgment of conviction and order of sentence dtd. 10/5/2019/17/5/2019 passed by learned Additional Chief Judicial Magistrate, Kasauli, District Solan, Himachal Pradesh in criminal case No. 74/03 of 2018, having been filed by the respondent/complainant (hereinafter, 'complainant-), 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 of Rs.1,90,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record, are that complainant instituted proceedings under S. 138 of the Act in the court of learned Additional Chief Judicial Magistrate, Kasauli, District Solan, Himachal Pradesh stating therein that accused had availed CC Limit/loan of Rs.1,50,000.00 on 1/10/2016 from the complainant. As per terms and conditions, accused had to return the aforesaid money alongwith interest @ 14% per annum subject to variation from time to time according to the guidelines of Reserve Bank of India. However, the fact remains that the accused defaulted in repayment. Since total sum of Rs.1,75,853.00 became due against the accused on 22/1/2018, accused, with a view to discharge his liability, issued cheque No. 006594, dtd. 22/1/2018, amounting to Rs.1,68,000.00, drawn on Central Bank of India Parwanoo in faour of the complainant. However, the fact remains that the aforesaid cheque, Ext. CW-1/C, on its presentation was dishonoured on account of insufficient funds in the account of the accused. Complainant sent statutory demand notice under S.138 of the Act, to the accused by registered post on his correct address calling upon the accused to make payment of the amount within 15 days, however, demand notice was received back by complainant unserved, with remarks "addressee not found." Thereafter, said notice was delivered by hand to accused on 27/2/2018, but despite having received legal notice, accused failed to make the payment and as such, complainant was compelled to institute proceedings under S.138 of the Act.

(3.) Learned trial Court on the basis of evidence adduced by the complainant, held the accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him as per description given herein above. Being aggrieved and dissatisfied with the judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the court of learned Sessions Judge, Solan, Himachal Pradesh but the same was dismissed on 27/7/2020. In the aforesaid background, the accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments of conviction and order of sentence recorded by the learned courts below.