MOHINDER SINGH Vs. DEVI CHAND

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Section 397 read with Section 401 Cr.PC, challenge has been laid to judgment dated 13.11.2017, passed by the learned Additional Sessions Judge, Kullu, H.P., in Criminal Appeal No. 34 of 2017, affirming the judgment of conviction dated 4.3.2017, recorded by the learned Judicial Magistrate, Ist Class, Manali, District Kullu, in criminal case No. 542-1/2013//62-III/2014, 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 seven months and to pay lump-sum compensation to the tune of Rs. 1,90,000/-.

(2.) Briefly stated facts, as emerge from the record are that respondent-complainant preferred a complaint under Section 138 of the Act, before the learned Judicial Magistrate Ist Class, Manali District Kullu, H.P., against the present petitioner-accused, alleging therein that the petitioner-accused, who was well known to him, asked for a sum of Rs. 1,70,000/- on return basis. Complainant on the aforesaid request having been made by the accused lent the aforesaid amount to the complainant to meet his domestic expenses and accused with a view to discharge his liability, issued a cheque bearing No. 000001, dated 3.10.2013, amounting to Rs. 1,70,000/-, drawn at Bank of Baroda, Branch Manali, in favour of the complainant, however, fact remains that the aforesaid cheque was dishonoured on its presentation vide memo dated 4.10.2013, with remarks "insufficient funds". Since petitioneraccused failed to make the payment good within the stipulated period despite issuance of legal notice dated 11.2013 respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 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 Section 138 of the Act and accordingly, sentenced him as per the description given herein above.