RANJAN SINGH Vs. SURAT SINGH BANIYAT

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 of Cr.PC. read with Sec. 401 Cr.PC, lays challenge to judgment dtd. 11/12/2018, passed by the learned Additional Sessions Judge-I, Shimla, Camp at Rohru, HP, in Criminal Appeal No. 26-R/10 of 2018, affirming judgment of conviction and order of sentence dated 06/16/8/2018, passed by the learned Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., in Case No. 16-3 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.10,00,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that complainant being known to the accused, on his request advanced sum of Rs.7.00 lac to him, who with a view to discharge his liability, issued cheque bearing No. 059092 dtd. 28/10/2015 amounting to Rs.7,00,000.00drawn at SBI Branch Mori, but fact remains that aforesaid cheque on its presentation to the bank concerned, 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 dated 6/16/8/2018, 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.