NIKKA RAM Vs. PADAM NATH

JUDGEMENT

(1.) The present revision petition is directed against the judgment passed by learned Additional Sessions Judge-I, Mandi (learned Appellate Court) in Criminal Appeal No. 111/2023/20-22 on 15/12/2023 vide which the judgment of conviction dtd. 2/7/2022 and the order of sentence dtd. 21/7/2022 passed by learned Judicial Magistrate 1st Class, Karsog (learned trial Court) in Criminal Case No. 50 of 2017 were upheld. (The parties hereafter shall be referred to by the same status as they held before the learned trial Court for the sake of convenience).

(2.) Briefly stated, the facts giving rise to the present revision petition are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (for short "N I Act"). It was asserted that the accused was working as an insurance agent of Oriental Insurance Company. He insured the complainant's vehicle bearing registration No. HP-65-2607; however, he reduced the insurance value of the vehicle from Rs.9,00,000.00 to Rs.80,000.00. The complainant had paid the full amount to the accused, and the accused failed to insure the vehicle for its full value. The vehicle met with an accident. The accused promised to pay Rs.1,00,000.00 to compensate the complainant and issued a cheque to discharge his liability. The complainant presented the cheque at Punjab National Bank, but it was dishonoured with an endorsement "insufficient funds". The complainant issued a notice to the accused asking him to repay the money within 15 days from the date of receipt of the notice. The notice was duly served upon the accused, but the accused failed to repay the amount. Hence, a complaint was filed to take action against the accused.

(3.) The learned Trial Court found sufficient reasons to summon the accused for the commission of an offence punishable under Sec. 138 of the N.I. Act. When the accused appeared, a notice of accusation was put to him, to which he pleaded not guilty and claimed to be tried.