ROSHNI DEVI Vs. DEVENDER CHAUHAN

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 Cr.P.C, lays challenge to judgment dtd. 11/1/2024 passed by the learned Additional Sessions Judge-II, Shimla, H.P., in Criminal Appeal No. 11-T/10 of 2023, affirming the judgment of conviction dtd. 1/3/2023 and order of sentence dtd. 14/3/2023, passed by the learned Chief Judicial Magistrate, Theog, District Shimla, H.P. in Criminal Complaint No. 15-3 of 2018, whereby the learned Court below, while holding the petitioner-accused (hereinafter "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.13,00,000.00 to the respondent- complainant (hereinafter "complainant").

(2.) Precisely, the facts of the case, as emerge from the record are that complainant instituted a complaint under Sec. 138 of the Act before the competent Court of law, alleging therein that accused borrowed sum of Rs.6,50,000.00 from him on 17/10/2017. With a view to discharge her lawful liability, accused issued two post dated cheques i.e. cheque bearing No. 297411 (Ext.C1) dtd. 18/10/2017 amounting to Rs.3 ,50,000.00 and cheque bearing No. 297412 (Ext.C2) dtd. 21/10/2017 amounting to Rs.3,00,000.00, respectively, drawn on SBI, New Shimla, but aforesaid cheques on their presentation were returned back vide memos dtd. 23/10/2017 (Ext.C3 & C4) with the remarks "Funds Insufficient". Since accused failed to make the payment good within the stipulated period despite her having received legal notice dtd. 28/10/2017 (Ext.C5), 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 dtd. 1/3/2023 and order dtd. 14/3/2023, held the accused guilty of her having committed offence punishable under Sec. 138 of the Act and accordingly, convicted and sentenced her as per the description given herein above.