LOCHAN Vs. RAJINDER KUMAR

JUDGEMENT

(1.) Cr.Mp(M) No. 1416 of 2018

(2.) The petitioner has been convicted and sentenced to undergo simple imprisonment for a period of three months and to pay a sum of Rs.5,50,000.00 as compensation to the complainantrespondent for an offence having been committed under Sec. 138 of the Negotiable Instruments Act(for short the 'Act') by the learned trial Magistrate on 31.3.2016/01.04.2016., which conviction and sentence was upheld by the learned Sessions Judge, Mandi on 08.09.2017, constraining him to file the present revision petition.

(3.) Briefly stated the facts of the case are that in the month of Aug., 2009 the petitioner borrowed Rs.6,00,000.00 from the respondent for purchase of Maxi Cab bearing registration No. HP-01A-0345 with a promise to pay every instalment of finance company but the petitioner did not pay regular instalment of the loan till Jan., 2011. To discharge his legal liability towards the respondent regarding the purchase of Maxi Cab, the petitioner then issued a cheque bearing No.186276 dated 3.2.2011, amounting to Rs.5,00,000.00 of H.D.F.C. Bank, Rampur Bushehar, Shimla. On 20.5.2011 the respondent presented the said cheque for encashment through his banker but the same was returned back to the respondent with the reason "CAPS ACCT STAT CLOSE." Thereafter, the respondent issued a legal notice dated 17.6.2011 to the petitioner through registered post through his counsel but the petitioner neither replied nor paid the cheque amount to the respondent. While giving the cheque in question to the respondent, the petitioner was fully aware and in the knowledge that there is no arrangement of funds in his bank account for its encashment nor he made any arrangement for encashment of the cheque and thereby the petitioner cheated the respondent and consequently a complaint against the petitioner under Sec. 138 of the Act was filed.