JEET RAM Vs. HP GRAMIN BANK

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 Cr.PC, lays challenge to judgment dtd. 10/3/2022, passed by the learned Sessions Judge, Bilaspur, District Bilaspur, H.P., in Criminal Appeal No. 8/10 of 2020, affirming the judgment of conviction and order of sentence dtd. 14/2/2020, in criminal Complaint No. 339/3 of 2015, passed by the learned JMFC, Bilaspur, District Bilaspur, H.P., whereby the learned trial Court while holding the petitioner-accused guilty of his 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 three months and pay compensation to the tune of Rs.6,00,000.00 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 JMFC, Bilaspur, stating therein that in the year, 2013, accused approached the bank for grant of loan for purchase of new truck having value of Rs.21,50,000.00. As per agreed terms, aforesaid amount was to be repaid in 72 equal monthly installments alongwith the contractual rate of interest @ 13.25% per annum with monthly rests and in case of default an additional penal interest @ 2%. Since accused defaulted in making the monthly EMI, he with a view to discharge his liability, issued cheque bearing No. 204755 dtd. 30/9/2015, amounting to Rs.4,33,342.00, but fact remains that aforesaid cheque on its presentation to the bank concerned, was dishonoured. Since accused failed to make the payment good within the stipulated period despite his having received legal notice issued to him, complainant had no option but to initiate proceedings under Sec. 138 of the Act in the competent court of law.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dtd. 14/2/2020, 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.