RATTAN SINGH Vs. SHAMSHAD ALI

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, the petitioner, who has been convicted and sentenced for committing offence under Sec. 138 of the Negotiable Instruments Act, 1981 (hereinafter referred to as 'the Act'), in Criminal Case No. 270/2017, is seeking compounding of offence on the basis of compromise arrived inter se parties.

(2.) Brief facts of the case are that complainant/respondent No. 1 filed a complaint under Sec. 138 of the Act against the accused/petitioner, alleging therein that in January, 2017, the accused entered into an agreement with the complainant to purchase Tata Indigo Car bearing registration No. HP-17C-5207. The Accused also agreed to pay balance installments alongwith over dues amounting to Rs.2,25,000.00, which was financed by Shri Ram City Union Finance Ltd. with a view to discharge his aforesaid liability. The accused issued a post dated cheque bearing No. 084434 dtd. 11/5/2017, for a sum of Rs.2,00,000.00 drawn at Union Bank of India, Paonta Sahib in favour of the complainant. However, the said cheque on its presentation in the bank was dishonoured on account of insufficient funds. After receipt of memo from the concerned bank, the complainant served accused with a legal notice calling upon him to make the payment. Since the accused failed to make payment within the time period stipulated in the legal notice, complainant was compelled to file proceedings under Sec. 138 of the Act.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dtd. 20/5/2019, held the petitioneraccused guilty of having committed offence under Sec. 138 of the Act and convicted and sentenced him to undergo simple imprisonment for two years and pay compensation to the tune of Rs.2,24,000.00 to the respondent/complainant and in default of payment of fine to further undergo simple imprisonment for a period of one month.