SHAYAM LAL Vs. SHER SINGH

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 Cr.PC, lays challenge to judgment dtd. 29/4/2019, passed by the learned Additional Sessions Judge, Kinnaur at Rampur Bushahr, District Shimla, H.P., in Criminal Appeal No. CIS Case Regd. No. 16 of 2018, affirming the judgment of conviction and order of sentence dated 15/19/1/2018, in Complaint No. 8-3 of 2014, passed by the learned ACJM, Rampur Bushahr, District Shimla, H.P., 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.20,00,000.00 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 ACJM, Rampur Bushahr, District Shimla, H.P., stating therein that he is running business of Fruit Commission Agency in the name and style of M/s S.S. R. and LFC Fruit and Vegetable Commission Agent at Khegsu Mandi and Dethan. Complainant alleged that accused purchased apple boxes for a total consideration of Rs.58,50,000.00, from him w.e.f. 10/7/2013 to 10/10/2013, for which he paid sum of Rs.43,50,000.00 - and to clear the balance payment, issued three cheques amounting to Rs.5.00 lac each, but fact remains that aforesaid cheques on their presentation to the bank concerned, were dishonoured. Since accused failed to make the payment good within the stipulated period despite his having received legal notice issued to him, 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 dated 15/19/1/2018, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, convicted and sentenced him as per the description given herein above.