SATVIR SINGH Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397(1) of Cr.PC read with Sec. 401 Cr.PC, lays challenge to judgment dtd. 1/11/2021, passed by the learned Sessions Judge Shimla, District Shimla, H.P., in Criminal Appeal No. 39/ 2021, affirming the judgment of conviction and order of sentence dated 8/30/4/2021, in criminal Case No. 254-3 of 2016, passed by the learned JMFC-5, 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 three months and pay compensation to the tune of Rs.40,000.00 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, Shimla, stating therein that accused with a view to discharge his liability, issued cheque bearing No. 561715 dtd. 5/4/2016 amounting to Rs.25,000.00, drawn at Punjab and Sindh Bank Sanjauli, Shimla, H.P., 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 dated 8/30/4/2021, 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.