BHIM SEN Vs. HARI CHAND SHARMA

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Section 397 read with section 401 of the Code of Criminal Procedure, 1973 is directed against the judgment, dated 17.2.2018, passed by learned Additional Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No. 53 of 2017, affirming the judgment of conviction and sentence dated 26th/27th July, 2017, passed by learned Judicial Magistrate, 1st Class, Manali, District Kullu, H.P., in Criminal case No. 213I/2014/99III/2017, whereby learned trial Court while holding petitioner/accused guilty of having committed an offence punishable under section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for eleven months and to pay compensation to the tune of Rs. 9,00,000/- to the complainant.

(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 Judicial Magistrate, 1st Class, Manali, District Kullu, alleging therein that the petitioner (for short 'accused'), had borrowed a sum of Rs. 8,00,000/- from him on 4.4.2012 and such amount was paid on credit through some cheques. Accused with a view to discharge his liability, issued cheque bearing No. 147956, dated 20.8.2014, amounting to Rs. 8,00,000/-, drawn on Punjab and Sind Bank, Branch Manali in favour of the complainant. However, fact remains that on presentation, the said cheque was returned vide memo, dated 20.9.2014 with the remarks funds insufficient . Complainant after having received the memo dated 20.9.2014 from the bank concerned, got issued legal notice to the accused, calling upon him to make the payment good within stipulated period, but since accused failed to make the payment good within the prescribed period, 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 vide judgment dated 26.07.2017 and accordingly convicted and sentenced him as per the description given hereinabove.