HARI PARKASH Vs. DOLA SINGH

JUDGEMENT

(1.) The instant petition has been filed by the petitioner-accused under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure (for short 'Cr.P.C.') against judgment dtd. 24/11/2022, passed by learned Sessions Judge Kullu, in Criminal Appeal No. 15 of 2022, whereby the appeal of the petitioner-accused preferred against the judgment of conviction and order of sentence, dtd. 14/3/2022, passed by learned Judicial Magistrate First Class Banjar, District Kullu, H.P., in Case No. 303/19/2010, was affirmed.

(2.) The brief facts, giving rise to the present petition, can succinctly be summarized as under:

(3.) The complainant-Dola Singh was given the job of channelization of water from the dam at Larjee and lot of sand had been removed from the dam by the complainant. The accused-Hari Prakash, during the month of February, 2010, approached the complainant and requested to sell the same to him at the rate of Rs.100.00 per tractor. The complainant acceded to the request of the accused and sold 1805 tractors of sand to him and the accused in order to liquidate his financial liability towards the complainant issued cheque bearing No. 056384, dtd. 1/3/2010, amounting to Rs.1,80,500.00. However, the aforesaid cheque, on being presented for encashment, was dishonored with remarks 'insufficient funds', vide memo dtd. 3/5/2010. Therefore, the complainant served the accused with legal notice, dtd. 19/5/2010, demanding his amount, but the accused failed to repay the amount of the cheque within the stipulated period, hence, the complainant filed a complaint under Ss. 138 of the Negotiable Instruments Act, 1881 (hereinafter for the sake of brevity referred to as 'the NI Act') against the accused before the learned Trial Court.