RANJEET CHAUHAN Vs. RKC, NARKANDA

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 of Cr.PC read with Sec. 401 Cr.PC, lays challenge to judgment dtd. 16/11/2021, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, District Shimla, Camp at Reckong Peo, in Criminal Appeal/CIS Case No. 08 of 2021, affirming judgment of conviction and order of sentence dtd. 11/7/2019, passed by the learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, H.P., 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 six months and pay compensation to the tune of Rs.8,25,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Sec. 138 of the Act before the learned Additional Chief Judicial Magistrate Rampur, stating therein that he is a fruit commission agent and deals with purchase of packed apple boxes of different growers on commission basis and further sells the same to various Arties at Narkanda under the name and style of M/s RKC Narkanda. He alleged that in the apple season, accused purchased the consignment of apple boxes from him for a total consideration of Rs.2.00 crores and out of the said amount, the accused made partial payments and issued cheques toward the balance consideration. He alleged that cheque bearing No. 354082 dtd. 15/4/2012 amounting to Rs.8,00,000.00 issued in his favour, on its presentation was dishonoured. He alleged that since accused failed to make the payment good within the stipulated period despite his having received legal notice issued to him, he had no option but to initiate proceedings under Sec. 138 of the Act in the competent court of law.

(3.) Complainant with a view to prove his case examined Shri Ranvir Singh as CW1 and adduced his evidence by way of affidavit Ext.CW1/A. This witness also tendered in evidence documents Ext.CW1/B to Ext.CW1/F. On the other hand, accused in his statement recorded under Sec. 313 Cr.PC denied the case of the complainant in toto and claimed himself to be innocent and examined one Sh. Hemant Kumar, official of APMC Rampur as DW1. He attempted to carve out a case that cheque in question was issued as security and same was mis-used.