KHYALI RAM Vs. HIMACHAL GRAMIN BANK

JUDGEMENT

(1.) By way of instant application filed under Sec. 482 Cr.P.C read with Sec. 147 of the Negotiable Instruments Act (for short 'Act'), prayer has been made by the applicant-accused for compounding of offence alleged to have been committed by him under Sec. 138 of the Act.

(2.) Precisely, the facts of the case as emerge from the record are that respondent No.1/complainant (for short 'complainant') filed a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'Act') in the competent court of law, alleging therein that accused took loan from the respondent Bank on 3/10/2011 and with a view to discharge his liability, issued cheque amounting to Rs.7,86,660.00 in favour of the respondent, but fact remains that aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since, despite having received demand notice accused failed to make the payment good within the time stipulated in the legal notice, complainant was compelled to initiate 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, vide judgment of conviction and order of sentence dtd. 22/11/2018/19/2/2019, held accused guilty of having committed the offence punishable under Sec. 138 of the Act, and accordingly convicted and sentenced him as per the description given hereinabove.