DHARAM CHAND Vs. RAJIV SOOD

JUDGEMENT

(1.) Cr.MP(M) No. 195 of 2017

(2.) Instant criminal revision petition filed under Sections 397 and 401 of Code of Criminal Procedure is directed against judgment dated 28.2015 passed by learned Sessions Judge, Kullu in criminal appeal No. 01 of 2014, affirming the judgment of conviction dated 9.12013, recorded by learned Special Judicial Magistrate, Kullu in criminal case No. 130-1 of 2011, whereby present petitioner/accused has been held guilty of having committed offence under Sec. 138 of Negotiable Instrument Act 1881(hereinafter referred to as 'the Act').

(3.) Briefly stated the facts, as emerged from record, are that respondent No.1 (hereinafter referred to as the complainant) filed complaint under Sec. 138 of Negotiable Instrument Act before learned Special Judicial Magistrate, Kullu stating therein that petitioner owed a sum of rupees two lacs to complainant/respondent and in order to discharge his liability, he issued a cheque bearing No. 562039, dated 24.12.2010 of his account in favour of complainant, but on presentation of cheque to the concerned bank, same was dishonoured for want of sufficient funds. Accordingly, complainant called upon the petitioner by way of legal notice to make payment good within a period of fifteen days, but since no steps were taken by him, complainant was compelled to initiate the proceedings against present petitioner/accused under Sec. 138 of the Act in competent Court of law.