(1.) Instant criminal revision petition filed under Sec. 397/401 of Cr.PC, lays challenge to judgment dtd. 30/3/2022, passed by the learned Additional Sessions Judge (I), Shimla, HP, in Criminal Appeal No. 08-S/IO of 2021, affirming judgment of conviction and order of sentence dtd. 4/3/2021, passed by the learned JMFC-4, Shimla, in Case No. 91-3 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 her to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.1,60,000.00 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 JMFC-4, Shimla, alleging therein that in the month of November, 2015, accused had borrowed sum of Rs.80,000.00 from him and with a view to discharge her liability, issued cheque dtd. 18/2/2016, amounting to Rs.80,000.00 drawn at SBI Shimla, however 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/order dtd. 4/3/2021, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, sentenced her as per the description given herein above.