ANUJ SOOD Vs. YAGYA DUTT SHARMA

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397/ 401 of Cr.PC, lays challenge to judgment dtd. 29/8/2019, passed by the learned Sessions Judge, Sirmour District at Nahan, HP, in Criminal Appeal No. 84-Cr.A/10 of 2018, affirming judgment of conviction and order of sentence dtd. 5/9/2018, passed by the learned Judicial Magistrate First Class, Rajgarh, District Sirmour, H.P., in Criminal Complaint No. 75/3 of 2016, 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.2,00,000.00 to 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 Judicial Magistrate First Class, Sirmour, alleging therein that complainant-respondent on the request of accused, who had friendly relations with him, advanced sum of Rs.1,70,000.00 to the accused on 20/2/2016 at Rajgarh. Accused with a view to discharge his liability, issued cheque in his favour, but fact remains that aforesaid cheque on its presentation, was 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 dtd. 5/9/2018, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, sentenced him as per the description given herein above.