GEETA RAM Vs. KAUR SINGH

JUDGEMENT

(1.) By way of instant petition filed under Ss. 397/401 CrPC, challenge has been laid to judgment dtd. 1/8/2022 passed by learned Additional Sessions Judge, Kinnaur at Rampur Bushahar, District Shimla, Himachal Pradesh in Cr. Appeal No. 61/2019, affirming the judgment of conviction and order of sentence dtd. 7/11/2019 passed by learned Judicial Magistrate First Class, Ani, in Cr. Case No. 36/2017 titled Kaur Singh v. Geeta Ram, whereby learned trial Court, while holding the petitioner-accused (hereinafter, 'accused') guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, 'Act') convicted and sentenced the accused to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.2,75,000.00 to the respondent/complainant (hereinafter, 'complainant').

(2.) Precisely the facts as emerge from the record are that the complainant instituted proceedings under S.138 of the Act in the competent court of law, alleging therein that in the year 2016, accused approached him during apple season for supplying apple cartons and other packaging material. He alleged that though the value of the material was assessed at Rs.1,70,000.00 but the accused also borrowed Rs.50,000.00 from him. He further alleged that with a view to discharge his liability, accused issued cheque bearing No.195342 dtd. 18/12/2016 amounting to Rs.2,20,000.00 -, drawn on Punjab National Bank Branch Anni, District Kullu. However, the fact remains that the aforesaid cheque on its presentation, was dishonoured on account of insufficient funds in the account of the accused. Since despite having received legal notice, accused failed to make good the payment within stipulated time, complainant was compelled to institute proceedings under S.138 of the Act in the competent court of law. Learned trial Court, on the basis of evidence led on record by respective parties, held accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him as per description given above.

(3.) Being aggrieved by the judgments of conviction and order of sentence passed by learned trial Court, though accused preferred an appeal before learned Additional Sessions Judge, Kinnaur at Rampur Bushahr, but the same was also dismissed on 1/8/2022. In the aforesaid background, petitioner has approached this court in the instant proceedings, praying therein for his acquittal after setting aside the judgments of conviction and order of sentence passed by learned courts below.