JIYA LAL Vs. SURAT SINGH

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 Cr.PC, lays challenge to judgment dtd. 26/5/2022, passed by the learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla camp at Rohru, H.P., in Criminal Appeal No. 47-R/10 of 2021 titled Jiya Lal Vs. Surat Singh, affirming the judgment of conviction and order of sentence dtd. 1/4/2021/12/7/2021, passed by the learned Additional Chief Judicial Magistrate, Court No. I, Rohru, H.P. in criminal Case RBT No. 518/3 of 2019 titled as Suraj Singh Vs. Jiya Lal, 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.81,000.00 to the respondent-complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent/complainant instituted a complaint under Sec. 138 of the Act before the learned trial court, alleging therein that in the year 2018 accused had got apple grading and packing done from the unit of complainant and with a view to discharge his aforesaid liability had issued cheque bearing No. 006949 dtd. 28/8/2018 amounting to Rs.60,000.00, but aforesaid cheque on its presentation to the bank concerned, was dishonoured on account of insufficient funds vide memo dtd. 15/11/2019 Ext.CW1/C. Since accused failed to make the payment good within the stipulated period despite his having received legal notice dtd. 15/11/2019 Ext.CW1/D, 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. 1/4/2021/12/7/2021, 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.