PUSHAP RAJ Vs. RAMDHAN

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Mandi in Criminal Appeal No. 05/2015 dated 01.12.2015, vide which learned appellate Court while dismissing the appeal so filed by the present petitioner, upheld the judgment of conviction and sentence imposed upon the present petitioner by the Court of learned Special Judicial Magistrate, Mandi in Complaint No. 490-III/2013 (12), dated 28.02.2015/02.03.2015, whereby learned trial Court in a complaint filed under Sec. 138 of the Negotiable Instruments Act, convicted the present petitioner for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act and sentenced him to undergo Whether the reporters of the local papers may be allowed to see the Judgment? simple imprisonment for a period of one year under Sec. 138 of the Negotiable Instruments Act and also to pay compensation to the extent of cheque amount of Rs. 2,00,000.00 as per the provisions of Sec. 357(3) of the Code of Criminal Procedure.

(2.) Brief facts necessary for the adjudication of this case are that a complaint was filed under Sec. 138 of the Negotiable Instruments Act by complainant Ramdhan against the petitioner/accused on the ground that accused was having friendly relations with him and as accused was in need of money, accordingly he borrowed an amount of Rs. 2,00,000.00 from the complainant in the month of Dec., 2009 and for repayment of the said amount, in order to discharge his liability towards the complainant, accused issued a cheque for an amount of Rs. 2,00,000.00 drawn upon Indian Overseas Bank, Mandi Branch, i.e. cheque No. 922863, dated 10.08.2011 in favour of the complainant. Further as per the complainant, the said cheque was presented by the complainant for its realization before Indian Overseas Bank, Branch Mandi on 02.02.2012, but the cheque was dishonoured for the reason "Insufficient Funds ". Further as per the complainant, thereafter he issued a legal notice to accused intimating the factum of dishonour of the said cheque, however, even after issuance of the said legal notice, accused did not make any payment of the dishonoured cheque and in these circumstances, complainant filed the complaint under the provisions of Sec. 138 of the Negotiable Instruments Act against the accused.

(3.) In order to prove its case, the complainant entered into the witness box as CW-2. Complainant also examined Chuni Lal, Clerk of Indian Overseas Bank, Mandi, who produced and proved the relevant records of the Bank before the Court. He also proved the factum of the dishonour of the cheque which was issued by the accused in favour of the complainant. The complainant also placed on record the cheque, which was issued in his favour by the accused along with the memo vide which the said cheque was dishonoured. He also produced on record the legal notice which was issued to the accused along with the postal receipt.