KIRAN BALA Vs. SMT. HIRAWATI

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Section 397 of the Cr.PC, challenge has been laid to judgment dated 2.4.2018, passed by the learned Additional Sessions Judge, Kullu, H.P., in Criminal Appeal No. 64 of 2017, affirming the judgment of conviction recorded by the learned Judicial Magistrate, Ist Class, Manali, District Manali, in criminal complaint No. 278-I/2013//74-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 her to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs. 3,00,000/-

(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 was well known to her and on her askance, she advanced a sum of Rs. 2,50,000/- in the month of December, 2012, to meet her business expenses. Subsequently, accused with a view to discharge her liability, issued a cheque bearing No. 10863780, dated 18.3.2013, amounting to Rs. 2,50,000/-, drawn at J&K Bank, Branch Manali, in favour of the complainant, however, fact remains that the aforesaid cheque was dishonoured on its presentation vide memo dated 20.3.2013, with remarks "insufficient funds". Since petitioner-accused failed to make the payment good within the stipulated period despite issuance of legal notice, 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 her as per the description given herein above.