LAWS(HPH)-2018-12-126

JITENDER KUMAR Vs. RAJAN CHOPRA

Decided On December 20, 2018
JITENDER KUMAR Appellant
V/S
Rajan Chopra Respondents

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 of Cr.PC, is directed against the judgment dated 30.8.2017, passed by the learned Sessions Judge, Kullu, H.P., in Criminal Appeal No. 17 of 2016, affirming the judgment of conviction/sentence dated 11.11.2016, recorded by the learned Judicial Magistrate-I, Manali, District Kullu, H.P. in complaint No. 000214 of 2014, whereby the learned trial Court below while holding the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs.2,50,000.00 .

(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 Judicial Magistrate, Kullu, H.P., against the present petitioner-accused, alleging therein that the petitioner-accused, had borrowed a sum of Rs. 2 lac from him for business and promised him to re-pay the same in a shot span of time. With a view to discharge his liability, accused issued a cheque bearing No. 044551 dated 27.11.2013, for a sum of Rs. 2,00,000.00drawn at Bank of India, branch Manali, District Kullu, H.P., however, fact remains that the aforesaid cheque was dishonoured on its presentation on account of insufficient funds. Since petitioner-accused failed to make the payment good within the stipulated period despite issuance of legal notice dated 18.2.2014, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) Learned trial Court on being satisfied that prima-facie case exists against the accused, put him notice of accusation under Sec. 138 of the Act, to which he pleaded not guilty and claimed trial, however fact remains that, on the basis of material adduced on record by the respective parties, learned trial Court 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.