HAMID MOHAMMAD Vs. JAIMAL DASS & ANOTHER

JUDGEMENT

(1.) Present revision petition is filed against judgment of learned Sessions Judge Solan District Solan H.P. announced in Criminal Appeal No. 12-NL/10 of 2012 title Hamid Mohammad v. Jaimal wherein learned Appellate Court affirmed judgment and sentence passed by learned Trial Court.

(2.) Jaimal son of Hari Dass filed complaint under Section 138 of Negotiable Instruments Act 1881 pleaded therein that complainant obtained loan from bank for his personal use and after obtaining loan from bank accused approached complainant and told complainant that accused was in dire need of money. It is pleaded that complainant granted loan to accused to the tune of Rs. 93,000/- (Rupees ninety three thousand) and accused promised that he would pay back the loan amount along with interest within a period of one year. It is further pleaded that complainant approached the accused many times to repay the amount of loan but accused did not pay the amount of loan to complainant.

(3.) Learned Trial Court after recording preliminary evidence of complainant summoned accused and thereafter notice of accusation was issued to complainant by learned trial Court under Section 138 of the Negotiable Instruments Act 1881. Accused person did not plead guilty and claimed trial. Complainant examined two witnesses CW-1 and CW-2. Statement of accused recorded under Section 313 Code of Criminal Procedure. Accused did not lead any defence evidence.