SH. PADAM SINGH THAKUR Vs. SH. MADAN CHAUHAN

JUDGEMENT

(1.) By way of present petition, petitioner has challenged the judgment passed by the Court of learned Additional Sessions Judge, Shimla in Criminal Appeal No. 31-S/10 of 2009 dated 23.01.2012 vide which, learned Appellate Court has upheld the judgment of conviction passed by the Court of learned Judicial Magistrate 1st Class, Court No. VI, Shimla in Cri. Complainant No. 402/3 of 2007/06.

(2.) Brief facts necessary for the adjudication of present case are that in a complaint filed by the present respondent (hereinafter referred to as "complainant') under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 against the petitioner/accused, learned trial Court returned the findings of conviction against the accused for having committed offence under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 and accordingly it sentenced the accused to undergo simple imprisonment for a period of six months and also to pay compensation to the tune of Rs. 19000.00 to the complainant. As per the complainant, the accused was well acquainted with him and both of them knew each other since long. Accused approached the complainant and requested him to lend an amount of Rs. 1,18000.00 for meeting out domestic expenses and also for doing business. The said amount was lent by the complainant to the accused and in lieu of the same, accused issued post dated cheque No. 966545 dated 14.10.2006 for an amount of Rs. 1,00,000.00 and cheque No. 966546 dated 14.10.2006 for an amount of Rs. 18,000.00 in favour of the complainant, both payable at UCO Bank, Kotkhai. Further, as per the complainant, when he presented the said two cheques to his banker, the same were dishonoured by the bank of the accused on the ground "funds insufficient". Thereafter, a legal notice was sent by the complainant to the accused and he was called upon to make good the payment. When despite this, the accused did not pay the said amount to the complainant, he filed a complaint under the provisions of Negotiable Instruments Act.

(3.) As a prima facie case was found against the accused, Notice of Accusation was put to him, to which he pleaded not guilty.