SURESH KUMAR Vs. JEEVAN KUMAR

JUDGEMENT

(1.) By way of instant application filed under Sec. 482 Cr.P.C read with Sec. 147 of the Negotiable Instruments Act (for short 'Act'), prayer has been made by the applicant-accused for recalling of judgment dtd. 4/8/2022 passed by this Court in Cr.R. No. 34 of 2022, whereby this Court upheld the judgment dtd. 4/1/2021 passed by the learned Sessions Judge, Chamba, District Chamba, H.P., in Criminal Appeal No. 52 of 2019, affirming the judgment of conviction and order of sentence dtd. 16/11/2019, passed by the learned CJM Chamba, District Chamba, H.P., in criminal complaint No. 283 of 2018, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.1,50,000.00 to the complainant.

(2.) Precisely, the facts of the case as emerge from the record are that respondent No.1/complainant (for short 'complainant') filed a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'Act') in the competent court of law, alleging therein that he lent sum of Rs.1, 50,000.00 to the accused on his request to meet his domestic needs. He alleged that accused with a view to discharge his liability, issued cheque bearing No.934603 amounting to Rs.1,50,000.00 drawn on State Bank of India, Parel against his account No.31453016991 Chamba, but fact remains that aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since, despite having received demand notice accused failed to make the payment good within the time stipulated in the legal notice, complainant was compelled to initiate proceedings under Sec. 138 of the Act, in the competent court of law.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Sec. 138 of the Act, and accordingly convicted and sentenced him as per the description given hereinabove.