HOSHIYAR SINGH Vs. LIC HOUSING FINANCE LIMITED MANDI

JUDGEMENT

(1.) By way of instant petition filed under S.482 CrPC read with S.147 of the Negotiable Instruments Act (hereinafter, 'Act'), petitioner-accused (hereinafter, 'accused') has prayed for compounding of offence punishable under S.138 of the Act and for setting aside judgment dtd. 30/9/2019, passed by learned Additional Chief Judicial Magistrate, Court No.1, Mandi, District Mandi, Himachal Pradesh in Cr. Case No. 735 of 2015, titled LIC Housing Finance Limited v. Hoshiyar Singh and judgment dtd. 25/3/2022 passed by learned Sessions Judge, Mandi, in Cr. Appeal No. 175 of 2019. The accused preferred a criminal revision petition before this court i.e. Cr. Revision No. 228 of 2022, which has been dismissed on 23/11/2022.

(2.) Precisely, the facts of the case as emerge from the record are that the respondent-complainant (hereinafter, 'complainant') instituted proceedings under S.138 of the Act against the petitioner-accused (hereinafter, 'accused') in the competent court of law, alleging therein that the accused issued cheque No. 0619716 amounting to Rs.1,27,500.00 dtd. 31/1/2015 drawn on State Bank of India, Nair Chowk, Mandi, Himachal Pradesh for discharging lawful liability, however, the fact remains that the cheque on its presentation, was dishonoured on account of insufficient funds in the account of the accused. Since the accused despite receipt of legal notice, failed to make payment good, complainant was compelled to institute proceedings under S.138 of the Act in the competent court of law.

(3.) Learned trial Court, on the basis of evidence led on record by respective parties, held the accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him to undergo simple imprisonment for a period of six months and pay fine to the tune of Rs.1,37,500.00. Though, aforesaid judgment of conviction and order of sentence was laid challenge by way of appeal in the court of learned Sessions Judge, Mandi, in Cr. Appeal No. 175/2019, but the same was also dismissed on 30/9/2019(?)