GIAN CHAND Vs. VIJAY SOOD

JUDGEMENT

(1.) Instant criminal revision petition filed under Section 397 read with Section 401 of the Cr.PC, is directed against the judgment dated 31.5.2016, passed by the learned Additional Sessions judge, Mandi District Mandi, H.P., in Criminal Appeal No. 42 of 2015, affirming the judgment and order of conviction dated 8.4.2015, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P., in Criminal Complaint No. 217-I/12/113-III/12, whereby the petitioner-accused has been sentenced to undergo simple imprisonment for a period of one year and to pay compensation of Rs. 3,50,000/- to the complainant under Section 138 of the Negotiable Instruments Act (in short the "Act"). Learned court below further held that in case of non-payment of compensation, petitioner accused shall be further liable to suffer imprisonment for two months.

(2.) Briefly stated facts as emerge from the record are that the respondent (complainant) preferred a complaint in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P., against the petitioner-accused under Section 138 of the Act, alleging therein that the petitioner-accused issued cheque bearing No. 697824 dated 7.5.2012, amounting to Rs. 3 lacs, in favour of the complainant with a view to discharge his legal liability. As per the respondent complainant, petitioner accused had taken aforesaid amount for purchasing the land for the complainant. Since no land was got purchased by the petitioner-accused to the complainant, petitioner accused on insistence of the complainant, issued aforesaid cheque amounting to Rs. 3 lacs, drawn at Indian Bank Branch, Mandi, District Mandi, H.P. However, fact remains that the aforesaid cheque was dishonoured on its presentation, as a result of which, respondentcomplainant was compelled to issue legal notice calling upon the petitioner accused to make payment good within the stipulated period. Since the petitioner failed to make the payment in terms of the aforesaid notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act.

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