SOM DUTT Vs. NARENDER KUMAR

JUDGEMENT

(1.) Instant criminal revision petition filed under Ss.397/401 CrPC, lays challenge to judgment dtd. 6/9/2021 passed by learned Sessions Judge, Sirmaur at Nahan, District Sirmaur, Himachal Pradesh in Cr. Appeal No. 95-Cr.A/10 of 2019, affirming judgment of conviction and order of sentence dtd. 31/7/2019 passed by learned Judicial Magistrate First Class, Rajgarh, District Sirmaur, Himachal Pradesh in Cr. Complaint No. 166 of 2013 (124/3 of 2010), whereby trial Court, while holding petitioner 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.1.00 Lakh as compensation to the respondent/complainant ( hereinafter,'complainant')

(2.) Precisely, the facts of the case, as emerge from the record, are that the complainant instituted a complaint under S. 138 of the Act in the court of learned Judicial Magistrate First Class Rajgarh, District Sirmaur, Himachal Pradesh alleging therein that the accused had taken 95 bags of cement and 1645.1 kg of 10 mm Saria and 313.4 kg of 12 mm Saria on 20/7/2010 from him. Complainant alleged that though a sum of Rs.93,314.00 was due from the accused but he paid only Rs.28,314.00 in cash and for remaining amount, he issued cheque Exhibit CW-1/A, bearing No. 397767 dtd. 26/7/2010 to the tune of Rs.65,000.00 drawn on State Bank of India, Rajgarh, however, the fact remains that the aforesaid cheque on presentation was dishonoured on account of insufficient funds, vide return memo, Ext. CW-1/B. After receiving return memo, complainant issued legal notice Ext. CW-2/A on 25/4/2010 calling upon the accused to make payment of cheque amount within 15 days, but since he failed to make payment within time stipulated in the notice, complainant was compelled to institute complaint under S.138 of the Act in the competent Court of law.

(3.) Learned trial Court, on the basis of material collected on record by parties, held accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him as per description given herein above. Being aggrieved and dissatisfied with judgment of conviction and order of sentence passed by learned trial Court, accused preferred an appeal before learned Sessions Judge Sirmaur but the same was dismissed vide judgment dtd. 6/9/2021. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein to acquit him after setting aside judgments of conviction and order of sentence passed by learned Courts below.