NARESH THAKUR Vs. SATISH KUMAR SHARMA

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 of Criminal Procedure Code, lays challenge to judgment dtd. 22/9/2022 passed by learned Sessions Judge, Shimla, District Shimla, H.P., in Criminal Appeal No. 8-S/10 of 2022 affirming the judgment of conviction and order of sentence dtd. 30/10/2021/30/12/2021 passed by learned Additional Chief Judicial Magistrate, Court No. I, Shimla, District Shimla, H.P., in Case Computer Regd. Case No. 900952/2015, whereby court below, while holding the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'Act') convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.1,80,000.00 to the respondent-complainant.

(2.) Precisely, the facts of the case as emerge from the record are that respondent-complainant (for short 'complainant') filed 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 bearing No. 404567 amounting to Rs.1,00,000.00 in favour of the complainant, but fact remains that aforesaid cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, 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. 30/10/2021/30/12/2021, held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, convicted and sentenced him as per the description given hereinabove.