HARIMAN NEGI Vs. PARMA NAND & ANOTHER

JUDGEMENT

(1.) By way of present Criminal Revision Petition filed under Section 397 & 401 of the Code of Criminal Procedure, petitioner has challenged judgment/ order dated 3.8.2009, passed by learned Additional Sessions Judge, Fast Track Court, Shimla (Camp at Rohru) in appeal No.16-R/10 of 2008/06, affirming the judgment dated 13.1.2006, passed by learned Judicial Magistrate Ist Class, Court No.2, Rohru, District Shimla, H.P. in Criminal Case No.13/3 of 2005, whereby present petitioner-accused has been convicted under Section 138 of the Negotiable Instruments Act and has been further sentenced to undergo simple imprisonment for one year and to pay compensation to the tune of Rs. 1, 00,000/-.

(2.) Briefly stated facts as emerge from the pleadings are that respondent No.1(for short "complainant") filed a complaint under Section 138 of the Negotiable Instruments Act (for short "Act") in the Court of learned Judicial Magistrate, Ist Class, Court No.II, Rohru, District Shimla, H.P averring therein that the petitioner ( for short " Accused") issued cheque bearing No.920232,dated 30.8.2004 amounting to Rs. 80,000/- in favour of the complainant drawn at UCO Bank, Rohru. The complainant further averred that he presented the aforesaid cheque on 6.1.2005 in the aforesaid bank for collection but same was returned with the endorsement "insufficient funds".

(3.) The learned trial Court on the basis of the material available on record issued summons to accused vide order dated 31.3.2005 with the direction to the accused to put in appearance, Notice of accusation was put to the accused, to which accused pleaded not guilty and claimed trial.