MUNSHI RAM Vs. VIJAY KUMARI

JUDGEMENT

(1.) Instant criminal revision petition filed under Section 397, 401 read with Section 482 of Cr.PC, is directed against the judgment dated 23.10.2007, passed by the learned Additional Sessions Judge, Fast Track Court, Solan (camp at Nalagarh) in Cr. Appeal No. 4FTN/10 of 2007, affirming the judgment of conviction, dated 30.6.2007, passed by the learned Judicial Magistrate, Ist Class, Nalagarh, in Criminal Complaint No. 120/3 of 2002, whereby the learned trial Court while holding petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the Act), convicted and sentenced him to undergo simple imprisonment for three months and to pay fine to the tune of Rs. 1000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month. Apart from above, learned trial court also held respondent/complainant entitled to compensation to the tune of Rs. 40,000/- payable by the petitioner-accused.

(2.) Briefly stated facts, as emerge from the record, are that petitioner-accused, who is a forest contractor, was in need of some money and as such, he requested respondent-complainant to advance him a loan of Rs. 40,000/-. Acceding to aforesaid request of petitioner-accused, respondent-complainant gave Rs. 40,000/- to the petitioner-accused, who with a view to discharge his aforesaid liability, issued Cheque bearing No. 207938, dated 17.4.2002, amounting to Rs. 40,000/-, drawable from the Jogindera Central Co-Operative Bank, Nalagarh, However, fact remains that aforesaid cheque was dishonoured on its presentation to the bank concerned with remarks "insufficient funds". Respondentcomplainant by way of legal notice called upon the petitioneraccused to make payment within a period of 15 days. Since petitioner-accused failed to make payment good within the stipulated time despite requests having been made by the respondent complainant through legal notice, she was compelled to initiate proceedings against the petitioner-accused, under Section 138 of the Act, before the competent court of law.

(3.) Subsequently, learned trial Court, on the basis of evidence adduced on record by the respective parties, held the petitioner-accused guilty of having committed offence punishable under Section 138 of the Act and accordingly vide judgment/order dated 30.6.2007, convicted and sentenced him as per description given supra.