DIWAN CHAND Vs. SUNDER SINGH

JUDGEMENT

(1.) The instant petition has been filed by the petitioner-accused under Sec. 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short "BNSS") against judgment dtd. 9/5/2024, passed by learned Sessions Judge Kinnaur, Sessions Division at Rampur Bushahr, H.P., in Criminal Appeal No. 58 of 2023, whereby the judgment of conviction and order of sentence, dtd. 8/8/2023, passed by learned Judicial Magistrate First Class, Anni, District Kullu, H.P., in Case No. 157/2018, was affirmed.

(2.) The brief facts, giving rise to the present petition, can succinctly be summarized as under:

(3.) The complainant-Shri Sunder Singh was running a garment shop in the name and style "Shree Hans Readymade Garments, near bus stand Anni, District Kullu, H.P. and the petitioner-accused was also running a readymade garments shop in that area. The complainant and the petitioner- accused were well acquainted with each other. During the month of January, 2018, the petitioner- accused approached the complainant and requested to lend him Rs.2,48,000.00 for depositing the whole KCC loan amount and he told that bank official had assured that after a week, the petitioner-accused can get the same released. On persistent requests of the petitioner-accused, the complainant paid a sum of Rs.2,48,000.00 to him, some amount in cash and remaining through cheques. The petitioner-accused, agreed to return the aforesaid amount within 21 days. Thereafter, the petitioner-accused failed to repay the borrowed amount with interest within 21 days and on being requested by the complainant, the petitioner- accused postponed the payment on one pretext or other. Ultimately, the petitioner-accused, in order to discharge his financial liability towards the complainant, issued cheque bearing No. 481387, dtd. 22/5/2018, amounting to Rs.2,48,000.00 in favour of the complainant, drawn at State Bank of India, Branch Office Anni, District Kullu, H.P.. However, the aforesaid cheque, on being presented for encashment by the complainant, was dishonoured with remarks 'insufficient funds', vide memo dtd. 23/5/2018. Subsequently, on 21/6/2018, the complainant sent a legal notice to the petitioner-accused, through registered post and the petitioner-accused failed to make the payment of the cheque amount within the stipulated time. Resultantly, the complainant filed a complaint under Sec. 138 of Negotiable Instruments Act (for short "the Act") before the learned Trial Court.