AJAY KAUNDAL Vs. SANTOSH KUMAR

JUDGEMENT

(1.) The instant petition is directed against the judgment of the learned Sessions Judge Shimla, Himachal Pradesh, rendered in Cr. Appeal No. 8-S/10 of 2014 whereby he affirmed the judgment of 30.11.2013, rendered by the learned Judicial Magistrate 1st Class, Court No. (3), Shimla, District Shimla, H.P., in Case No. 621-3 of 2012, convicting and sentencing the accused/petitioner for his committing offences punishable under Section 138 of the Negotiable Instruments Act.

(2.) The facts of the case are that the petitioner/accused borrowed the amount of Rs. 1,70,000/- from the complainant/respondent herein for starting his new business. On the demand of complainant for said amount, the accused issued cheque bearing No. 009512 dated 10.5.2012 amounting to Rs. 1,70,000/- drawn on an account maintained by him with Central bank of India, Shimla in favour of the complainant. The complainant presented the said cheque for encashment in his bank but the same was dishonoured due to the reason "Account Closed" by the accused on 7.6.2012 for arranging the cheque amount within 15 days of the receipt of notice but the accused did not make the payment of cheque amount despite receipt of notice. Upon finding a prima facie case, notice of accusation under Section 138 of the Act has been put and contents of the same have been read over and explained to the accused on 28.5.2013. The accused did not plead guilty on the same and claimed trial.

(3.) Both the learned courts below have concurrently sentenced the accused/petitioner for his committing an offence punishable under Section 138 of the Negotiable Instruments Act, being aggrieved therefrom, the petitioner/convict has instituted the instant petition before this Court, for his making an effort to beget reversal of the impugned judgments.