ONKAR CHAND Vs. DHARAM PAL

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 of the Cr.PC., is directed against the judgment dtd. 28/8/2017, passed by the learned Additional Sessions Judge, Kullu, H.P., in Criminal Appeal No.26 of 2016, affirming the judgment/order of conviction dtd. 17/5/2016 and 19/5/2016, passed by the learned Judicial Magistrate, Ist Class, Manali, District Kullu, H.P., in Criminal Complaint No. 51-1/2013/55-II/2013, whereby the learned trial Court while holding 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 one year and to pay compensation to the tune of Rs.7,00,000.00

(2.) Succinctly, fact necessary for adjudication of the present case are that respondent-complainant preferred a complaint against the petitioner-accused, under Sec. 138 of the Act, in the Court of learned Judicial Magistrate, Ist Class, Manali, District Kullu, H.P., alleging therein that he and petitioner-accused were having cordial relations with each other and as such, on the askance of the accused, complainant lent him a sum of Rs.6,00,000.00 on 10/4/2012. Petitioner-accused assured the complainant that he will return the aforesaid amount on demand by the complainant. Accused with a view to discharge his liability, issued a cheque bearing No. 019601 dtd. 16/12/2012, amounting to Rs.6,00,000.00, drawn at Bank of India, Branch Manali, in favour of the complainant, however fact remains that on its presentation, same was returned with remarks "insufficient funds". Complainant after having received memo dtd. 24/12/2012, got served him with legal notice dtd. 29/12/2012, calling upon him to make the payment good within the stipulated period. Since petitioner-accused failed to make 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 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.