BALDEV Vs. SMRITI SOOD

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment, dated 15.11.2017 passed by learned Additional Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No.35 of 2017, affirming the judgment of conviction and sentence dated 15th/18th March, 2017, passed by learned Additional Chief Judicial Magistrate, Kullu, District Kullu, H.P., in Criminal case No. 1647I/2013/ 228I/2015 (old), 840I/2016/13/840III/2016/13 (new), whereby learned trial Court while holding petitioneraccused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for four months and to pay compensation to the tune of Rs. 4,80,000/ to the complainant and in default of payment of compensation to further undergo simple imprisonment for two months.

(2.) Briefly Stated Facts, As Emerge From The Record Are that respondent (for short 'complainant') filed a complaint under Section 138 of the Negotiable Instruments Act ( for short 'Act') in the Court of learned Additional Chief Judicial Magistrate, Kullu, District Kullu, H.P., alleging therein that the petitioner (for short 'accused'),was known to her and they were having cordial relations. Accused approached the complainant and borrowed a sum of Rs. 4,00,000/ from her and assured to return the same within reasonable time. Accused in order to discharge his liability, issued a cheque (Ex.CB), amounting to Rs. 4,00,000/ in favour of the complainant,however, fact remains that on presentation, the said cheque was dishonoured on account of "insufficient funds" in the account of the accused. Complainant after having received the memo from the bank concerned, got served him with legal legal notice (Ex.CD), calling upon him to make the payment good within the stipulated period. Since, the accused failed to make payment good within stipulated period despite issuance of legal notice, complainant was compelled to initiate proceedings under Section 138 of the Act, in the appropriate Court of law.

(3.) Learned Trial Court On The Basis Of The Evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Section 138 of the Act and accordingly convicted and sentenced him as per the description given hereinabove.