SUDESH KUMARI Vs. SUSHEEL KUMAR

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 Cr.PC, lays challenge to judgment dtd. 17/4/2018, passed by the learned Additional Sessions Judge, Ghumarwin, District BIlaspur, H.P., in Criminal Appeal No. 66-10 of 2016, affirming the judgment of conviction and order of sentence dtd. 12/7/2016, , passed by the learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, H.P. in criminal Case No. 11-3 of 2013, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of one year and pay compensation to the tune of Rs.7,20,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Sec. 138 of the Act before the learned trial court, stating therein that accused had purchased micro mini bus bearing registration No. HP-69-1030 from him for total consideration of Rs.12,27,000.00 - and with a view to discharge her part liability issued cheque amounting to Rs.6,00,000.00, but fact remains that aforesaid cheque on its presentation to the bank concerned, was dishonoured. Since accused failed to make the payment good within the stipulated period despite her having received legal notice, complainant had no option but to initiate proceedings under Sec. 138 of the Act in the competent court of law.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dtd. 12/7/2016, held the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Act and accordingly, convicted and sentenced him as per the description given herein above.