NARAYAN DASS Vs. HIMACHAL PRADESH GRAMIN BANK

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397/401 of Cr.PC, lays challenge to judgment dtd. 26/6/2021, passed by the learned Additional Sessions Judge, Sundernagar, Mandi, District Mandi, in Criminal Appeal No. 27 of 2018, affirming judgment of conviction and order of sentence dated 10/19/1/2018, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P. in Complaint No. 411-I of 2014, 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.2,20,000.00 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 Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P., alleging therein that accused with a view to discharge his liability, issued cheque bearing No. 6335645, amounting to Rs.2,00,000.00 drawn at HP State Cooperative Bank Ltd, Sundernagar, 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 dated 10/19/1/2018, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, sentenced him as per the description given herein above.