GOVERDHAN CHAUHAN Vs. SUNDER LAL

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Sec. 397/401 of the Code of Criminal Procedure, is directed against the judgment, dated 7.3.2014, passed by learned Additional Sessions JudgeII, Shimla, Circuit Court at Rohru, H.P., in Criminal Appeal No.57S/10 of 2012, affirming the judgment of conviction & sentence dated 28.5.2012/ 29.5.2012, passed by learned Judicial Magistrate, 1st Class, Court No.1, Rohru, District Shimla, H.P., in complaint No. 473 of 2011, whereby learned trial Court while holding petitioner (hereinafter referred to as accused) guilty of having committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs. 70,000/ to the complainant.

(2.) Briefly stated facts, as emerge from the record are that respondent (hereinafter referred to as 'complainant') filed a complaint under Sec. 138 of the Negotiable Instruments Act ( for short 'Act') in the Court of learned Judicial Magistrate, 1st Class, Rohru, District Shimla, H.P., alleging therein that accused in the year, 2010 approached him and stated that he is running Fruit and Vegetable Commissioner Agent Shop at Rohru and in case the complainant supplies his apple boxes to him, the same will be sold higher price as compared to other shops and commission agents. Complainant sent large number of apple cases to the accused, which were subsequently sold by him in the market.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Sec. 138 of the Act vide judgment dated 28.5.2012 and accordingly convicted and sentenced him as per the description given hereinabove.