SUNIL NEGI Vs. BIR SINGH GUPTA

JUDGEMENT

(1.) The instant petition has been filed by the petitioner-accused under Sec. 397 of the Code of Criminal Procedure against judgment dtd. 28/2/2018, passed by learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, District Shimla, H.P., in Criminal Appeal No. 18-R/10 of 2017, affirming the judgment of conviction and order of sentence dtd. 18/3/2017, passed by the learned Chief Judicial Magistrate, Kinnaur, camp at Rampur Bushehr, District Shimla, H.P., in Complaint No.12-3 of 2012, whereby the learned trial Court while holding the petitioneraccused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act'), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.1,44,850.00 to the respondent-complainant, with a prayer to set aside the impugned judgment of conviction and order of sentence on the basis of a compromise arrived at between the parties.

(2.) The facts of the case, as emerge from the record, are that during the apple season of 2011, the complainant sold 83 apple boxes to the petitioner-accused for a total sum of Rs.75,425.00, out of which, a sum of Rs.3,000.00 was paid in cash to the complainant and for the remaining amount of Rs.72,425.00, the petitioner issued a cheque bearing No.294947 dtd. 20/8/2011 in favour of the complainant, and the said cheque, on its presentation, was dishonoured on account of insufficient funds in the bank account of the petitioner-accused. Since petitioner-accused failed to make the payment within the time stipulated in the legal notice, the respondent-complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) Today, the respondent-complainant as well as the petitioner are present in person and the statement of respondent-complainant has been separately recorded and placed on the file.