DHAN DEV Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition has been filed by the petitioner-accused under Sec. 397 read with Sec. 401 of the Cr.P.C. against judgment, dtd. 2/4/2024, passed by learned Additional Sessions Judge, Mandi, District Mandi, H.P., in Criminal Appeal No. 66 of 2021, whereby the judgment of conviction, dtd. 31/8/2021, and order of sentence, dtd. 7/9/2021, passed by learned Judicial Magistrate, First Class, Court No. 3, Mandi, H.P., in CIS Registration No. 691/2017, was affirmed.

(2.) The brief facts, giving rise to the present petition, can succinctly be summarized as under: 2(a). Complainant Dev Raj had good relations with accused Dhan Dev and on the request of the accused, the complainant gave him an amount of Rs.2,50,000.00 and the accused assured to return the same before March, 2017, but he did not return the money. On the demand of the complainant, the accused issued two post dated cheques, bearing No. 195580, dtd. 15/5/2017, amounting to Rs.1,50,000.00 and 195579, dtd. 24/5/2017, amounting to Rs.1,00,000.00 drawn on Punjab National Bank, Branch Rewalsar, District Mandi. However, the aforesaid cheques on being presented for encashment on 8/6/2017 in the above branch were dishonoured with remarks "insufficient funds ". Thereafter, the complainant issued notice dtd. 9/6/2017, which was duly served upon the accused, but he failed to make the payment of the cheque amounts within the stipulated time. Resultantly, the complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the Act ") before the learned Trial Court.

(3.) The learned Trial Court after conclusion of the trial convicted the accused under Sec. 138 of the Act and sentenced him to undergo simple imprisonment for a period of one year and to pay compensation of Rs.3,00,000.00 to the complainant.