VIMAL KISHORE SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant criminal revision petition filed under S.397/401 CrPC, challenge has been laid to judgment dtd. 25/9/2019, passed by learned Additional Sessions Judge Mandi, District Mandi, camp at Sundernagar, Himachal Pradesh in Cr. Appeal No. 62/2012 affirming judgment of conviction and order of sentence dtd. 8/10/2012/10/10/2012 passed by learned Judicial Magistrate First Class, Court No.1, Sundernagar, Mandi in Cr. Complaint No. 1-III/2009, whereby learned trial court below, while holding the 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 under simple imprisonment for one year and pay fine of Rs.1,25,000.00 as compensation to the respondent/complainant (hereinafter, 'complainant')

(2.) Precisely, the facts of the case, as emerge from the record, are that respondent filed complaint under S.138 of the Act, in the competent court of law alleging therein that with a view to discharge his liability, accused issued cheque bearing No. 267176 Exhibit CW-1/A dtd. 31/7/2018 for Rs.1.00 Lakh drawn at Kangra Central Co-operative Bank Limited Badukhar.

(3.) Being aggrieved and dissatisfied with judgment of conviction and order of sentence, the accused preferred an appeal in the court of learned Additional Sessions Judge, Mandi, District Mandi, camp at Sundernagar, which came to be dismissed on 25/9/2019. 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.