CHUNI LAL Vs. INDIRA SETH

JUDGEMENT

(1.) The present criminal revision petition filed under Sec. 397 read with Sec. 401 of the Cr.PC, is directed against the judgment dated 15.7.2011, passed by the learned Sessions Judge, Kullu, HP, in Criminal Appeal No. 27 of 2011, affirming the judgment of conviction and sentence dated 11.3.2011 and 8.4.2011, respectively, passed by the learned Chief Judicial Magistrate, Kullu, HP, in Criminal Complaint No. 42-I/2008, whereby the accused-petitioner has been sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs. 10,000.00 and compensation of Rs. 1,00,000.00, for having committed offence punishable under Sec. 138 of The Negotiable Instrument Act (in short the Act).

(2.) Briefly stated facts as emerged from the record are that the respondent (hereinafter referred to as the complainant) filed a complaint under Sec. 138 of the Act before the learned Chief Judicial Magistrate, Kullu, HP, stating therein that the petitioner (hereinafter referred to as the accused) borrowed a sum of Rs. 1 lac from the complainant in the year, 2006 with the assurance that he would return the same and in order to discharge his liability of debt, he issued cheque No. 506966 amounting to Rs. 1 lac dated 17.11.2007 payable at State Bank of India, Manali Branch. However, fact remains that on presentation, cheque in question was dishonored vide memo dated 1.1.2008 with the remarks Insufficient Funds . The complainant got legal notice issued upon the accused advising him to make payment good in terms of the cheque but despite that accused failed to pay the amount and as such, complainant was compelled to file the complaint under the Act before the competent Court of law .

(3.) Learned Chief Judicial Magistrate, Kullu, HP, on the basis of evidence adduced on record, found the accused guilty of having committed offence under the Act and accordingly, convicted and sentenced him as per description already given above.