DAMODAR DASS Vs. KASHMIR SINGH

JUDGEMENT

(1.) By way of present appeal, the appellant/complainant seeks modification of the judgment dated 26.06.2015 passed by the learned Additional Chief Judicial Magistrate Court No. 1, Mandi, H.P. in Case N.I. Act No. 62-III/15/13 to the extent that the compensation as per the provisions of Negotiable Instruments Act be awarded to him along with the cost of litigation and conviction be awarded to the respondent in consonance with the Act.

(2.) Brief facts leading to the filing of the present appeal is that the complainant/appellant had filed aforesaid complaint under Section 138 of the Negotiable Instruments Act, 1881(hereinafter referred to as the 'Act') against the respondent/accused on the ground that the respondent/accused had raised a loan of Rs. 3,00,000/- from him in the year 2012 for purchase of vehicle and promised to return it on or before 01.01.2013. In order to discharge his legal liability, the respondent/accused issued a cheque No. 116996 dated 01.01.2013 for Rs. 3,00,000/- drawn on SBI Branch, Kotli, District Mandi, to the appellant/complainant. On presentation of the cheque by the complainant to his banker, the same got dishonoured. Thereafter, complainant issued a legal notice to the accused/respondent through his counsel on 13.02.2013 which was received by the respondent but neither any reply to the notice was given nor any payment was made within the stipulated period. Hence, the present complaint was filed.

(3.) On conclusion of the trial, the learned trial Magistrate vide impugned judgment dated 26.06.2015 convicted and sentenced the respondent/accused to undergo simple imprisonment for six months and to pay compensation of Rs. 3,00,000/- and in default he was further directed to undergo simple imprisonment for three months under Section 138 of the Act.