ARUN KALTA Vs. RAMESH KUMAR

JUDGEMENT

(1.) Instant criminal revision petition, lays challenge to judgment dtd. 27/6/2022, passed by the learned Additional Sessions Judge -cum-Special Judge (CBI), Shimla, H.P., (Camp at Rohru) in Criminal Appeal No. 53-R/10 of 2021, affirming judgment of conviction and order of sentence dtd. 2/3/2021, passed by the learned Additional Chief Judicial Magistrate-I, Rohru, District Shimla, H.P., in Criminal Complaint No. 16/3 of 2020, 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.85,000.00 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 ACJM-I Rohru, District Shimla, H.P., alleging therein that in the Apple Season 2018, accused had purchased 122 apple boxes @ Rs.1000.00 per box from the complainant for total consideration of Rs.1,22,000.00, out of which, though accused had paid Rs.50,000.00 in cash, but qua the remaining amount, issued a cheque No. 011403 dtd. 2/10/2019 amounting to Rs.72,000.00, but 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 dtd. 2/3/2021, 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.