BABU RAM Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By way of instant petition filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) read with Sec. 147 of Negotiable Instruments Act, 1881, prayer has been made by the petitioner, who stands convicted of his having committed offence under Sec. 138 of the Negotiable Instruments Act in criminal Case No. 14/3 of 2018, Punjab National Bank v. Babu Ram, for compounding the offence under Sec. 147 of the Act.

(2.) Precisely, the facts of the case as emerge from the record are that respondent-Bank instituted proceedings under Sec. 138 of the Act in the court of competent court of law, alleging therein that accused with a view to discharge his liability, issued cheque amounting to Rs.2,06,800.00, but fact remains that aforesaid cheque on its presentation to the bank concerned, 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 of conviction and order of sentence dtd. 26/8/2019 and 2/9/2019, held the petitioner- accused guilty of having committed offence under Sec. 138 of the Act and accordingly, convicted and sentenced him to undergo simple imprisonment for three months and pay compensation to the tune of Rs.2,25,000.00 to the respondent/complainant.