HANS RAJ Vs. MANJEET SINGH JHAMTA

JUDGEMENT

(1.) The instant petition has been filed by the petitioner- accused under Ss. 397 read with Sec. 401 of the Code of Criminal Procedure (for short 'Cr.P.C.') against judgment dtd. 25/5/2022, passed by learned Additional Sessions Judge-cum-Special Judge (CBI) Shimla, H.P., in Criminal Appeal No. 35-R/10 of 2021, whereby the appeal of the petitioner-accused preferred against the judgment of conviction and order of sentence, dtd. 1/4/2021, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, H.P., in Criminal Case No. RBT-565/3 of 2019/18, was dismissed.

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

(3.) During the apple season of 2017, the complainant-Manjeet Singh supplied 167 apple boxes to the accused-Hans Raj and in lieu thereof the accused issued cheques bearing No. 863611, 863614 and 863615, dated 18. 09.2017, 20/9/2017 and 25/9/2017, amounting to Rs.50,000.00, Rs.50,000.00 and Rs.60,000.00, respectively. The aforesaid cheques, on being presented for encashment, were dishonored by the banker of the accused with remarks "funds insufficient", vide memos dtd. 11/12/2017. Therefore, the complainant served the accused with legal notice, dtd. 21/12/2017, demanding his amount(s), but the accused failed to repay the amount(s) of the cheques 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.