KEDIYA RAM GANDHAR Vs. PARAMJEET VERMA

JUDGEMENT

(1.) Instant criminal revision petition filed under S. 397 CrPC, lays challenge to judgment dtd. 8/1/2019 passed by learned Additional Sessions Judge, Sirmaur at Nahan, Himachal Pradesh camp at Paonta Sahib, District Sirmaur, Himachal Pradesh, in Cr. Appeal No.75-N/10 of 2017, affirming judgment of conviction and order of sentence dtd. 11/9/2017, passed by learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, District Sirmaur, Himachal Pradesh in Cr. Case No. 109/3 of 2012, whereby learned trial Court, while holding 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 rigorous imprisonment for one year and pay a compensation to the tune of Rs.1.00 Lakh to the respondent-complainant (hereinafter, 'complainant ').

(2.) Precisely, the facts of the case, as emerge from the record, are that the complainant instituted proceedings under S.138 of the Act in the court of learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, alleging therein that on 29/3/2012, he lent a sum of Rs.50,000.00 to the accused on his request, who with a view to discharge his liability, issued cheque bearing No. 024027 dtd. 2/4/2012, for a sum of Rs.50,000.00, drawn on State Bank of India, Branch Rajban. However, the fact remains that the aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since despite receipt of legal notice, accused failed to make the payment of cheque amount within the stipulated time, complainant instituted proceedings under S. 138 of the Act in the competent court of law, which, after hearing the parties and appreciating the evidence led on record, held accused guilty of having committed offence punishable under S. 138 of the Act, and accordingly convicted and sentenced as per description given above.

(3.) Being aggrieved and dissatisfied with judgment of conviction and order of sentence passed by learned trial Court, accused preferred an appeal before learned Additional Sessions Judge Sirmaur camp at Paonta Sahib, which was dismissed vide judgment dtd. 8/1/2019, as consequence of which, judgment of conviction and order of sentence passed by learned trial Court, came to he upheld. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal, after setting aside judgments of conviction and order of sentence.