INDER SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Instant criminal revision petition, lays challenge to judgment dtd. 23/12/2022, passed by the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., in Criminal Appeal No. 122/2022, affirming judgment of conviction and order of sentence dtd. 3/8/2022, passed by the learned Additional Chief Judicial Magistrate-I, Sundernagar, District Mandi, H.P., in Criminal Case No. 422-I/2014, 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.94,148.00 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 learned trial court, alleging therein that accused had obtained loan from the complainant bank and with a view to discharge his liability issued cheque amounting to Rs.85,589.50 - but fact remains that aforesaid cheques 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. 3/8/2022, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, convicted and sentenced him as per the description given herein above.