PURAN DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, is directed against the judgment, dtd. 3/4/2018 passed by learned Sessions Judge Sirmaur District at Nahan, H.P., in Criminal Appeal No. 86- Cr.A/10 of 2017, affirming the judgment of conviction and order of sentence dtd. 12/8/2017/12/10/2017, passed by learned Judicial Magistrate Ist Class, Rajgarh, District Sirmaur, H.P. in criminal complaint No.73/3 of 2015, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of one year and pay compensation to the tune of Rs.9,00,000.00 to the complainant and in default of payment of compensation to further undergo simple imprisonment for 30 days.

(2.) Precisely, the facts of the case as emerge from the record are that respondent No.2/complainant (for short 'complainant') filed a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'Act') in the competent court of law, alleging therein that on 24/10/2014, respondent/complainant lent sum of Rs.8,00,000.00 to the accused on his request, enabling him to pay money to those persons, who had filed 3 or 4 complaints against him under Sec. 138 of the Act. With a view to discharge his liability, accused issued post dated cheque Ext. CW2/B, amounting to Rs.8,00,000.00 in favour of the complainant drawn on H.P. State Co-operative Bank Limited, Habban, but fact remains that aforesaid cheque on its presentation came to be dishonoured vide memo dtd. 25/2/2015 Ex.CW1/C on account of insufficient funds in the account of the accused. Complainant after receipt of memo from the bank concerned, served accused with legal notice Ex.CW2/D, calling upon him to make the payment good within the stipulated time, but since accused failed to make the payment within the time stipulated in the notice, complainant was compelled to institute the complaint under Sec. 138 of the Act in the competent court of law.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Sec. 138 of the Act, and accordingly convicted and sentenced him as per the description given hereinabove.