SANDEEP WALIA Vs. SANJEEV DULTA

JUDGEMENT

(1.) This Revision Petition has been filed against judgment dated 29.10.2015 passed by the Court of learned Additional Sessions Judge-1, Shimla in Criminal Appeal No. 1-S/10 of 2015 vide which, the learned Appellate Court has upheld the judgment dated 13.05.2014 passed by learned Judicial Magistrate 1st Class, Jubbal, District Shimla in Case No. 1/3 of 2012, whereby the present petitioner has been convicted and sentenced for the commission of offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) The case of the complainant was that he and accused were good friends and had good relations with each other. Accused approached the complainant in Jan., 2011 and hired a Tipper from him on monthly rental charges of Rs. 65,000.00 per month. The truck was accordingly handed over by the complainant to accused on rent so agreed between him and the accused. In order to discharge his liability as was due towards the complainant, the accused issued advance post dated cheques, i.e., cheque Nos. 848691 dated 18.06.2011, 848690 dated 18.07.2011, 848692 dated 18.08.2011 and 848693 dated 18.09.2011, each amounting Rs. 65,000.00, which were drawn upon the Punjab National Bank, Nahan Branch, District Sirmaur. When the said amount became due from the accused to the complainant as a result of the accused plying the Tipper which was hired by him, he presented the said cheques in his Bank, i.e. H.P. State Co-operative Bank, Jubbal Branch for the collection of the same. However, these cheques of the complainant were dishonoured due to insufficient funds. Thereafter, the complainant issued a legal notice to the accused dated 24.11.2011 on his last known address. Despite issuance of the said legal notice, the accused failed to make the payment of the dishonoured cheques.

(3.) After recording the preliminary evidence, the learned trial Court took cognizance of the offence and notices were issued to the accused. After procuring his attendance, notice of accusation was put to the accused under Sec. 138 of the Negotiable Instruments Act, 1881, to which he pleaded not guilty and claimed trial.