SANJEEV KUMAR Vs. BUDHI SINGH THAKUR

JUDGEMENT

(1.) Instant criminal revision petition filed under S.397/401 CrPC, lays challenge to judgment dtd. 21/10/2021 passed by learned Additional Sessions Judge, Kullu, District Kullu, Himachal Pradesh in Cr. Appeal No. 04 of 2021, affirming judgment of conviction and order of sentence dtd. 27/2/2020/2/3/2020, passed by learned Chief Judicial Magistrate, Kullu, in Criminal Complaint No. No. 101-I of 2013, (135-I/2016), whereby learned trial Court, while holding petitioneraccused (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 Rs.10.00 Lakh as compensation to the respondent-complainant (hereinafter, 'complainant-)

(2.) Precisely, the facts of the case, as emerge from the record, are that complainant instituted a complaint under S.138 of the Act before learned Chief Judicial Magistrate, Kullu, Himachal Pradesh alleging therein that he had a good relationships with the accused as parental house of wife of complainant is in the village of accused. Complainant alleged that in July, 2013, complainant visited house of his in-laws and accused approached him for advancement of loan for his fishery business and taking hotel on lease in Manali. Allegedly, the accused assured to return money on or before 20/7/2013, as he was raising some loan from bank. In first week of July, 2013, complainant advanced sum of Rs.10.00 Lakh to the accused, who with a view to discharge his liability, issued cheque bearing No. 775967 dtd. 20/7/2013, Ext. CW-1/B amounting to Rs.10.00 Lakh, drawn on Punjab National Bank Bhunter to the complainant. However, fact remains that on presentation the cheque was dishonoured on account of insufficient funds, vide meme dtd. 26/7/2013 Ext. CW-1/C. After receipt of memo, complainant issued legal notice dtd. 30/7/2013 Exhibit CW-1/D, calling upon accused to make good the payment within stipulated time, however, registered letter Ext. CW-1/F was returned unclaimed.

(3.) With a view to prove his case, complainant tendered his evidence by way of affidavit Ext. CW-1/A and besides this also tendered in evidence, cheque, Ext. CW-1/B, return memo, Ext. CW-1/C, legal notice, Ext. CW-1/D, postal receipt Ext. CW-1/E, and unreceived letter, Ext. CW-1/F and thereafter closed his preliminary evidence, whereas despite opportunity, the accused failed to lead evidence in his defence. In his statement recorded under S.313 CrPC, , though accused admitted the factum with regard to having friendly relations with the complainant but denied advancement of loan, if any by the complainant. While claiming himself to be innocent, he claimed that he has been falsely implicated in the case. Besides above, he stated that the complainant had filed another complaint in the court of learned Chief Judicial Magistrate, Lahul and Spiti at Kullu, wherein both the parties compromised the matter and as per said compromise, complainant undertaken to withdraw the present complaint as accused had made payment of this case to the complainant.