HET RAM Vs. GURDASS RAM

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.PC, prayer has been made on behalf of the petitioner, who stands convicted of his having committed offence under Sec. 138 of the Negotiable Instruments Act in criminal Case No. 260-III/17/13, Gurdass Ram v. Het Ram, for compounding the offence under Sec. 147 of the Act.

(2.) Precisely, the facts of the case as emerge from the record are that respondent No.1 instituted proceedings under Sec. 138 of the Act in the court of learned JMFC-3, District Mandi, H.P. alleging therein that accused with a view to discharge his liability, issued cheque amounting to Rs.2,60,000.00, but fact remains that aforesaid cheque on its presentation to the bank concerned, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment dtd. 31/3/2018, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, convicted and sentenced him to undergo simple imprisonment for one year and pay compensation to the tune of Rs.2,60,000.00 to the respondent/complainant.