BABU RAM Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, lays challenge to judgment dtd. 23/1/2020 passed by learned Sessions Judge, Solan, District Solan, H.P., in Criminal Appeal No.44-S/10 of 2019, affirming the judgment of conviction dtd. 26/8/2019 and order of sentence dtd. 2/9/2019 passed by learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P., in complaint No. 14/3 of 2018, titled as Punjab National Bank versus Babu Ram, 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 three months and pay compensation to the tune of Rs.2,25,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that the respondent/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 accused had applied for loan of Rs.2,30,000.00 from the bank, which was disbursed to him on different terms and conditions. Though, aforesaid amount was to be repaid on monthly installments but since accused failed to pay some installments, he with a view to discharge his liability issued cheque No.911704, dtd. 19/12/2017, for sum of Rs.2,06,800.00 against his account drawn on Punjab National Bank, Patta Mehlog, Tehsil Kasauli, District Solan, H.P. However, fact remains that aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the bank account of the accused. Since, despite having received legal notice accused failed to make the payment good within the time stipulated in the notice, respondent bank had no option, but to institute 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 his having committed offence punishable under Sec. 138 of the Act, and accordingly convicted and sentenced him, as per the description given hereinabove.