NARIAN SINGH Vs. BALAK RAM & OTHERS

JUDGEMENT

(1.) Cr. MP(M) No. 33 of 2017 :

(2.) Present Criminal Revision Petition filed under Sections 397/401 of the Code of Criminal Procedure is directed against the judgment dated 21.6.2016, passed by learned Additional Sessions Judge-II Mandi, H.P., in Criminal Appeal No. 21/15/2013, affirming the judgment of conviction and sentence dated 28.1.2013/28.3.2013, passed by learned Judicial Magistrate, Ist Class, Chachiot, at Gohar, District Mandi in Case No. 11-I/12/5-III/2012, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act), convicted and sentenced him to undergo simple imprisonment for three months and to pay compensation of Rs. 1,10,000/- in favour of the complainant.

(3.) Briefly stated facts, as emerged from the record are that on 15.8.2011,respondent No.1 (hereinafter referred to as the complainant), supplied 200 apple cartons @ 500/- each to the petitioner accused. With a view to discharge his liability, the petitioner issued post dated cheque beraing No.511592 dated 4.10.2011, amounting to Rs. 1,10,000/- drawn at Punjab National Bank, Branch Jhungi However, fact remains that on presentation, aforesaid cheque was returned twice by the bankers on 20.11.2011 and 22.12.2011 on account of insufficient funds. Immediately, after dishonouring of cheque, the complainant got legal notice issued, to the petitioner accused calling upon him to make the payment of the cheque amount within the stipulated time, however, no steps were taken, as a result of which, the complainant was compelled to initiate the proceedings under Section 138 of the Act against the petitioner. before the learned Judicial Magistrate, 1st Class, Chachiot, at Gohar, District Mandi.