SHYAM CHAND Vs. MANI CHAND

JUDGEMENT

(1.) Instant criminal revision petition filed under Ss. 397/401 CrPC, lays challenge to judgment dtd. 31/1/2022, passed by learned Additional Sessions Judge, Kullu, District Kullu, Himachal Pradesh in Cr. Appeal No.10/2021, affirming judgment of conviction and order of sentence dtd. 4/9/2021 passed by learned Chief Judicial Magistrate, Kullu, Himachal Pradesh in Cr. Complaint No. 200-I/2015 (876-I/2015) ,titled Mani Chand v. Shyam Chand, whereby learned trial Court, while holding petitioner-accused (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 six months and pay fine of Rs.2.00 Lakh to the respondent-complainant (hereinafter, 'complainant-)

(2.) Precisely, the facts of the case, as emerge from the record, are that the complainant instituted proceedings under S.138 of the Act in the court of learned Chief Judicial Magistrate, Kullu, Himachal Pradesh averring therein that having regard to friendly relations with the accused, he advanced Rs.1.00 Lakh to the accused on his request and he with a view to discharge his liability, issued cheque bearing No. 259422, dtd. 8/3/2013, amounting to Rs.1.00 Lakh drawn on his account maintained in Punjab National Bank, Sultanpur, but the fact remains that the said cheque, on its presentation was dishonoured on account of insufficient funds vide memo dtd. 18/3/2013. Though, complainant served accused with legal notice dtd. 19/3/2013, calling upon him to make payment good within stipulated period but since he failed to do so, complainant had no option but to institute proceedings under S.138. Learned trial Court on the basis of evidence led on record by respective parties, held the accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him as per description given herein above.

(3.) Being aggrieved and dissatisfied with judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the court of learned Additional Sessions Judge, Kullu but same was also dismissed vide judgment dtd. 31/1/2022. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal, after setting aside the judgments of conviction and order of sentence recorded by learned Courts below.