REVTI RAMAN Vs. HEM SINGH

JUDGEMENT

(1.) By way of instant petition, filed under S.397 read with S.401 CrPC, challenge has been laid to judgment dtd. 26/11/2022 passed by learned Additional Sessions Judge Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal No. 198/2018, affirming the judgment of conviction dated 189.2018 and order of sentence dtd. 5/10/2018 passed by learned Chief Judicial Magistrate, Mandi, District Mandi, Himachal Pradesh, whereby learned trial Court, while holding the petitioner-accused (hereinafter,'accused') guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter,'Act') convicted and sentenced him to undergo simple imprisonment for one year and pay compensation to the tune of Rs.11,30,000.00 to the respondent-complainant (hereinafter,'complainant') and in default of payment of compensation to further undergo simple imprisonment for six months.

(2.) Precisely, the facts of the case, as emerge from the record, are that complainant instituted proceedings under S.138 of the Act in the court of learned Chief Judicial Magistrate, Mandi, alleging therein that the accused agreed to sell land compried in Khewat Khatauni No. 172/183, Khasra Nos. 471, 473, 473/1, 645, 797, 698, 1033, 644 and 670 total 9, measuring 108-11-14 Bigha situate in Muhal Kahahod/127, Tehsil Sundernagar, District Mandi, Himachal Pradesh as mentioned in the agreement dtd. 18/4/2013 for sale consideration of Rs.13,00,000.00, out of which he had received Rs.11.00 Lakh as earnest money from the complainant on the same day in the presence of witnesses and Rs.2.00 Lakh was agreed to be paid by the complainant at the time of registration of sale deed. Though complainant was ready to make payment of entire amount, but the fact remains that the accused failed to execute the sale deed and as such, complainant issued legal notice under S.16 of the Specific Reliefs Act to the accused on 2/1/2014, but same was sent back. However, subsequently, accused, with a view to discharge his lawful liability, issued Cheques Nos. 235302 and 325303, both dtd. 26/4/2014 amounting to Rs.6.00 Lakh and Rs.5.00 Lakh, respectively, which were submitted for encashment by the complainant but same were returned with the remarks,'funds insufficient'. Complainant issued legal notice Exhibit. CW-1/G but same was returned back with the report that despite repeated visits, the accused was not found, hence, the complainant was left with no other option but to institute proceedings under S.138 of the Act against the accused, in the competent court of law.

(3.) Learned trial Court on the basis of pleadings and evidence adduced on record by the parties, held the accused guilty of having committed offence punishable under S.138 of the Act and accordingly convicted and sentenced him as per description given herein above. Being aggrieved and dissatisfied with judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the court of learned Additional Sessions Judge Sundernagar, Mandi, but same was also dismissed vide judgment dtd. 26/11/2021. In the aforesaid ground, accused approached this court by way of instant proceedings, praying therein for his acquittal, after setting aside the judgments of conviction and order of sentence recorded by learned court below.