RAMESHWAR THAKUR Vs. ANANT RAM

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 Cr.P.C., lays challenge to judgment dtd. 2/1/2023, passed by the learned Additional Sessions Judge-II, Solan Camp at Arki, District Solan, H.P., in Criminal Appeal No.28 ASJ-II/10 of 2019, titled Rameshwar Thakur Vs. Anant Ram, affirming judgment of conviction and order of sentence dtd. 31/10/2019/4/11/2019, respectively, passed by the learned Judicial Magistrate First Class, Arki, District Solan, H.P., in Criminal Case No.187/3 of 2015, whereby the learned trial Court 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 eight months and pay compensation to the tune of Rs.2,25,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, 'complainant') instituted a complaint under Sec. 138 of the Act, in the Court of learned Judicial Magistrate First Class, Arki, District Solan, H.P., alleging therein that accused with a view to discharge his liability issued Cheque for a sum of Rs.1,97,899.00, 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, 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. 31/10/2019/4/11/2019, 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.