RAMESH KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Instant criminal revision petition filed under S. 397 /401 CrPC, is directed against judgment dtd. 29/6/2021 passed by learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal No. 140/2015, affirming judgment of conviction and order of sentence dtd. 27/4/2015 passed by learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, in Cr. Complaint No. 113-I/2010//100-III/2010, titled State Bank of India v. Ramesh Kumar, 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') ordered accused to undergo simple imprisonment for one year and pay Rs.8,00,000.00 as compensation to the respondent No.1-complainant (hereinafter, 'complainant') and in default of payment of compensation, to further undergo simple imprisonment for two months.

(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 competent court of law, alleging therein that for lawful consideration, accuse issued cheque bearing No. 478183, dtd. 26/4/2010, amounting to Rs.5,50,000.00 in favour of the complainant. However, facts remains that the aforesaid cheque on its presentation was dishonoured on account of insufficient funds. Since despite having received legal notice, accused failed to make payment of cheque amount, within the time stipulated in the legal notice, complainant instituted proceedings under S. 138 of the Act in the competent court of law, which subsequently on the basis of evidence adduced on record by the parties, held accused guilty of having committed offence punishable under S.138 of Act and convicted and sentenced him as per description given above.

(3.) Being aggrieved and dissatisfied with the judgment of conviction and order of sentence recorded by learned trial Court accused preferred an appeal before learned Additional Sessions Judge Sundernagar, Mandi, which was dismissed on 29/6/2021. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments of conviction and order of sentence.