MAN SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, lays challenge to judgment dtd. 22/9/2021 passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, District Shimla, H.P., in Criminal Appeal No.41 of 2019, affirming the judgment of conviction and order of sentence dtd. 8/7/2019 passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, H.P., in criminal case No. 43 of 2018, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.5,20,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that the respondent/complainant (for short 'complainant') filed a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'Act') against the accused in the competent court of law, stating therein that accused approached him to sell the apple crop of his orchard for sum of Rs.12, 05,000.00 and on his request, he sold apple crop of his orchard to him. Complainant alleged that with a view to discharge his liability, accused issued cheque No.000042, dtd. 28/9/2017, amounting to Rs.5,00,000.00drawn at HDFC Bank, Rampur. However, fact remains that aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the bank account of the accused. Since, despite having received legal notice accused failed to make the payment good well within stipulated time, complainant was compelled to institute proceedings under Sec. 138 of the Act in the competent court of law.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of his having committed offence punishable under Sec. 138 of the Act, and accordingly convicted and sentenced him, as per the description given hereinabove.