(1.) Instant Criminal Revision Petition filed under Sec. 397 of read with Sec. 401 of Cr.P.C, lays challenge to judgment dtd. 31/5/2022, passed by learned Additional Sessions Judge-II, Kangra at Dharamshala, District Kangra, HP., in Criminal RBT Appeal No. 07-G/X/21/19, affirming the judgment of conviction and order of sentence dtd. 3/1/2019/30/1/2019, passed by the learned Additional Chief Judicial Magistrate Dehra, District Kangra, Himachal Pradesh, in Criminal case No. 179-III/2011, 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'), sentenced her to pay fine of Rs.5,000.00 and pay compensation to the tune of Rs.10,800.00 to the complainant.
(2.) Precisely, the facts of the case, as emerge from the record are that the respondent-complainant instituted a complaint under Sec. 138 of the Act, in the competent court of law, alleging therein that accused with a view to discharge his liability issued cheque No. 014224, dtd. 10/3/2010, amounting to Rs.10,800.00 drawn at SBI Badhal Thore, in favour of the complainant, however fact remains that aforesaid cheque on its presentation, was dishonoured on account of insufficient funds in the bank account of the accused. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.
(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dtd. 3/1/2019/30/1/2019, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, sentenced her as per the description given herein above.