RAKESH THAKUR Vs. JALAP RAM THAKUR

JUDGEMENT

(1.) By way of instant revision petition filed under Section 397 read with section 401 CrPC, 1973 challenge has been laid to the judgment dated 1.7.2017, in Criminal Appeal No. 21 of 2017 (Registration No. 37 of 2017) passed by Additional Sessions Judge, Kullu, Himachal Pradesh, affirming judgment/order of conviction dated 19.10.2016/20.10.2016, passed by Judicial Magistrate 1st Class, Manali, District Kullu, Himachal Pradesh, in Criminal Case No. 144- 1/ 2013//85-III/2014, whereby learned trial Court while holding petitioner-accused guilty of having committed offence under section 138 of the Negotiable Instruments Act, convicted and sentenced the petitioner to undergo simple imprisonment for eight months and also to pay a compensation of Rs. 3,60,000/-.

(2.) Briefly stated the facts of the case as emerge from the record are that petitioner-accused borrowed a sum of Rs. 3.00 Lakh from the complainant for business and domestic needs. Aforesaid amount of Rs. 3.00 Lakh was paid by the complainant to the petitioner-accused through cheque and said cheque was encashed on 4.12.2012. Petitioner-accused with a view to discharge his liability, issued cheque bearing No. 012741 dated 14.2.2013, amounting to Rs. 3.00 Lakh drawn on State Bank of Patiala, Manali, in favour of the complainant. However, the fact remains that aforesaid cheque was dishonoured vide memorandum dated 18.2.2013 with the remarks, "insufficient funds". After aforesaid dishonouring of cheque, respondent-complainant got issued a legal notice to the petitioner-accused calling upon him to make good the payment within 15 days but since no steps were taken by the petitioner to make payment in terms of legal notice issued by the respondent-complainant, he was compelled to initiate proceedings under section 138 of Negotiable Instruments Act in the Court of learned Judicial Magistrate 1st Class, Manali, District Kullu. Learned trial Court, on the basis evidence adduced on record by the respondent-complainant, held petitioner-accused guilty of having committed offence punishable under section 138 of the Negotiable Instruments Act and convicted and sentenced him as per description given above.

(3.) Being aggrieved by and dissatisfied with the judgment of conviction recorded by the learned Judicial Magistrate 1st Class, present petitioner filed a criminal appeal under section 374 (3) of the Code of Criminal Procedure, 1973 before the Additional Sessions Judge, Kullu, which came to be registered as Cr. Appeal No. 21 of 2017. However, the fact remains that the aforesaid appeal having been preferred by the petitioner-accused was dismissed, as a result of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner approached this Court by way of instant proceedings, seeking his acquittal after setting aside judgment of conviction recorded by the learned trial Court.