HIRA NAND SHASTRI Vs. RAM RATTAN THAKUR

JUDGEMENT

(1.) Instant petition filed under Sec. 482 Cr.PC, has been filed with a prayer to compound the offence committed by the petitioner under Sec. 138 of the Act in case No. 58-3 of 2012/11 titled as Ram Rattan v. Hira Nand decided by the learned JMFC-III, Shimla, vide judgment/order dtd. 24/6/2013/16/7/2013 and further to quash the sentence of six months awarded to the petitioner.

(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-III, Shimla, alleging therein that the accused borrowed sum of Rs.1,90,000.00 from him and with a view to discharge his liability, issued cheque for a sum of Rs.1,90,000.00 (Ext.PW1/A), 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 held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, vide judgment/order dtd. 24/6/2013/16/7/2013, convicted and sentenced him to undergo six months simple imprisonment and pay compensation to the tune of Rs.2,25,000.00 to the complainant.