RAVI DUTT Vs. SUNIL KUMAR

JUDGEMENT

(1.) Instant criminal revision petition, lays challenge to judgment dtd. 11/8/2025, passed by the learned Additional Sessions Judge, Nahan, District Sirmaur, Himachal Pradesh, in Criminal Appeal No.56-N/4 of 2024 (CIS Regd. No. 56/2022), affirming the judgment of conviction and order of sentence dtd. 30/4/2022, passed by the learned Judicial Magistrate First Class, Rajgarh, District Sirmaur, Himachal Pradesh in Criminal Case No.113/2018, whereby the learned trial Court while holding the petitioner- accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.1,10,000.00 to the complainant.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Sec. 138 of the Act, before the competent court of law, alleging therein that he approached the accused, who was interested in selling his land, for purchase of land at Rajgarh, and entered into an agreement to sell of the land comprising khasra No. 874/791, plot 1, total measuring 01.18 bighas to the extent of 00.02 bighas of the land situate at revenue village Fetahpur Sidhori, Tehsil Rajgarh, District Sirmaur, Himachal Pradesh on 6/9/2014 at Rajgarh. Since accused failed to comply with terms of the sale agreement, complainant issued legal notice through his counsel on 3/7/2018 calling upon him to get the sale deed executed in favour of the complainant. Though after receipt of legal notice, accused agreed to return the money and issued a cheque bearing No.318683 dtd. 6/8/2018, amounting to Rs.85,000.00, in favour of the complainant, however same on its presentation to the bank concerned was dishonoured with remarks "funds insufficient". Immediately, after receipt of aforesaid memo, complainant served legal notice upon the accused, thereby calling upon him to make the payment good within stipulated time, but in vain, as such, complainant had no option, but to initiate proceedings under Sec. 138 of the Act in the competent court of law.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dtd. 30/4/2022, held the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Act and accordingly, convicted and sentenced him as per the description given herein above.