BHARAT JAGGI Vs. KHALSA SELF HELP GROUP

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. 11/10/2022, passed by learned Additional Sessions Judge, Sirmaur, District Sirmaur, H.P., in Criminal Appeal No. 14-N/10 of 2021, whereby the judgment of conviction dtd. 28/1/2021 and order of sentence dtd. 29/1/2021, passed by learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P., in Complaint No. 3/3 of 2016, was affirmed.

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

(3.) The complainant (respondent herein), a Self Help Group, through its President Shri Ajay Kumar Tomar, filed a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'NI Act'), before the learned Trial Court, wherein it was alleged that the accused-Bharat Jaggi (petitioner herein) raised personal loan amounting to Rs.4,57,000.00 from the complainant-Group and the loan was agreed to be repaid in 46 monthly installments of Rs.10,000.00 each. However, the petitioner-accused failed to repay the loan amount, as per the terms and conditions, and ultimately he approached the complainant-Group and in order to liquidate his financial liability towards the complainant-Group, issued cheque, bearing No. 004059, dtd. 7/8/2013, amounting to Rs.4,57,000.00, drawn at ICICI Bank, Paonta Sahib, in favour of the complainant-Group. The aforesaid cheque, on being presented for encashment, was dishonored with remarks 'funds insufficient'. Subsequently, the complainant-Group issued legal notice to the petitioner-accused demanding its amount, but the petitioner-accused did not make any payment to the complainant-Group within the stipulated time. Therefore, the complainant-Group filed a complaint under Sec. 138 of the Negotiable Instruments Act (hereinafter, for the sake of brevity, referred to as the 'NI Act') before the learned Trial Court.