KANTU RAM Vs. BEER SINGH

JUDGEMENT

(1.) Instant petition filed under Ss. 397 /401 CrPC, lays challenge to judgment dtd. 29/3/2022 passed by learned Additional Sessions Judge (II) Shimla in Cr. Appeal No. 4-T/10 of 2021 affirming judgment of conviction and order of sentence dtd. 11/11/2011 passed by learned Additional Chief Judicial Magistrate Theog in case No. 430/3 of 2016 titled Beer Singh v. Kantu Ram, whereby learned trial Court, while holding the petitioner-accused (hereinafter, 'accused ') guilty of having committed offence punishable under S. 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of one year and pay compensation of Rs.3,20,000.00 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 competent court of law alleging therein that the accused borrowed Rs.3.00 Lakh from him for sale and purchase of apple. He alleged that with a view to discharge his liability, accused issued cheque bearing No.199387 dtd. 16/9/2016 amounting to Rs.3.00 Lakh drawn at State Bank of India Theog, but the fact remains that said cheque, on its presentation, was dishonoured on account of insufficient funds in the account of the accused. Since despite having received legal notice, accused failed to make good the payment within the stipulated time, complainant was compelled to institute proceedings under S. 138 of the Act in the competent Court of law. Learned trial Court on the basis of evidence adduced on record by respective parties, held the accused guilty of having committed offence punishable under S. 138 of 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 passed by learned trial Court, accused preferred an appeal in the court of learned Additional Sessions Judge (II), Shimla, which came to be dismissed vide judgment dtd. 29/3/2022. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting judgments of conviction and order of sentence passed by both the learned Courts below.