GULAB SINGH SHANDIL Vs. VIDYA SAGAR SHARMA

JUDGEMENT

(1.) Instant criminal revision petition filed under Sections 397 and 401 Cr.P.C. is directed against judgment dated 7.9.2015, passed by learned Sessions Judge, Solan in criminal appeal No. 1- S/10 of 2015, affirming judgment of conviction dated 27.11.2014 recorded by learned Judicial Magistrate 1st Class, Solan, District Solan in criminal complaint No. 193/3 of 2014/10, whereby learned Court below, while holding accused/petitioner 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 fine amount of Rs. five lacs as compensation to the complainant.

(2.) Briefly stated the facts, as emerged from record, are that respondent (hereinafter referred to as the complainant) filed a complaint under Section 138 of the Act in court of learned Judicial Magistrate 1st Class, Solan, District Solan H.P. alleging therein that since accused/petitioner had friendly relations with complainant, therefore, he, on his request, advanced Rs. four lacs to petitioner on account of his personal requirement. Complainant further alleged that accused promised the complainant that amount would be repaid in the month of January, 2010 and accordingly, with a view to discharge his liability, accused/petitioner issued two cheques bearing Nos. 964173 dated 6.1.2010 and 964172 dated 7.1.2010 amounting to Rs.2 lacs each drawn on UCO Bank, Solan Branch. However, the fact remains that on presentation of the aforesaid cheques, having been issued by accused, the same were dishonoured by Bank of Baroda vide memo dated 7.1.2010 on account of insufficient funds. Complainant, on receipt of aforesaid memo, got a legal notice issued to accused/petitioner calling upon him to make payment good qua cheques but since no payment was made by accused, complainant was compelled to initiate proceedings under Section 138 of the Act against the accused.

(3.) Learned trial Court, on the basis of material adduced on record by respective parties, held the accused/petitioner guilty of having committed an offence punishable under Section 138 of the Act and accordingly, convicted and sentenced him as per description given herein above.