SATVIR Vs. ANKUSH AND ANR.

JUDGEMENT

(1.) Cr. MP(M) No. 1445 of 2016 Heard. Learned counsel appearing for the respondent stated that he does not intend to file reply to the application and has no objection, if the same is allowed. Accordingly, in view of the above as well as grounds stated in the application, duly supported by an affidavit, delay in filing the revision petition is condoned. Application is disposed of. Cr. Revision No. 380 of 2016 a/w Cr. MP No. 1314 of 2016 Be registered. Issue notice. Mr. Rajesh Verma, Advocate as well as Mr. Ramesh Thakur, learned Deputy Advocate General, waive notice on behalf of the respondent No.1 and respondent No.2, respectively.

(2.) Present criminal revision petition filed under Sections 397 and 401 read with Sec. 482 of the Code of Criminal Procedure is directed against the judgment dated 07.9.2015, rendered by the learned Sessions Judge, Solan, H.P., in Criminal Appeal No. 7-S/10 of 2014, affirming the judgment and order dated 30.12.2013, passed by learned Special Judicial Magistrate, 1st Class, Solan, District Solan , H.P., in Criminal Case No. 1805/03/2013/10, whereby present accused-petitioner is convicted and sentenced to undergo simple imprisonment for three months for having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (in short "the Act ") and to pay compensation of sum of Rs. 60,000.00 to the complainant.

(3.) Briefly stated facts necessary for adjudication of the case are that the respondent No.1-complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act before the Court of learned Special Judicial Magistrate, 1st Class, Solan, District Solan , H.P., averring therein that he had paid a sum of Rs. 40,000.00 on different dates to the petitioner accused, who in order to discharge his liability, issued a cheque bearing No. 344042 dated 2.8.2010 amounting to Rs. 40,000.00 drawn at HDFC Bank Solan. However, on presentation, the aforesaid cheque was dishonored and returned with the cheque returning memo of HDFC Bank dated 20.8.2010 with intimation letter dated 25.8.2010 of the Jogindera Central Coop. Bank Subathu, with endorsement "Account Closed ". After receipt of aforesaid information from the bank, the complainant got issued legal notice dated 3.9.2010 advising the petitioner to make payment good within thirty days of the receipt of the information but fact remains that petitioner failed to make the payment in terms of the notice and as such, the complainant was compelled to initiate proceedings under Sec. 138 of the Negotiable Instruments Act before the competent court of law.