JHABE RAM Vs. ROOM SINGH

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Sec. 397 read with Sec. 401 Cr.PC, challenge has been laid to judgment dated 28.5.2018, passed by the learned Sessions Judge, Kullu, H.P., in Criminal Appeal No. 42 of 2016, affirming the judgment of conviction dated 18.11.2016, recorded by the learned Additional Chief Judicial Magistrate, Kullu District Kullu, in criminal complaint No. 530-I-2008/66-I-2013/520-I-2015(old) 590-I-2016/08/590-I/2016/08 (new), 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 a period of two months and to pay compensation to the tune of Rs. 60,000.00.

(2.) Briefly stated facts, as emerge from the record are that respondent-complainant preferred a complaint under Sec. 138 of the Act, before the learned Additional Chief Judicial Magistrate Kullu, District Kullu, H.P., against the present petitioner-accused, alleging therein that the petitioner-accused, who was well known to him and had friendly relations, asked for a sum of Rs. 33,000.00 on return basis. Complainant on the aforesaid request having been made by the accused lent the aforesaid amount to the complainant and when the complainant demanded the money back, accused with a view to discharge his liability, issued a cheque bearing No. 035139 dated 28.7.2008, drawn at Central Bank of India, Bhuntar branch, in favour of the complainant, however, fact remains that the aforesaid cheque was dishonoured on its presentation vide memo dated 15.10.2008, with remarks "insufficient funds". Since petitioner-accused failed to make the payment good within the stipulated period despite issuance of legal notice dated 20.10.2008, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) 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 Sec. 138 of the Act and accordingly, sentenced him as per the description given herein above.