TEDHI SINGH Vs. NARAYAN DASS

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 of the Cr.PC., is directed against the judgment dated 11.4.2018, passed by the learned Sessions Judge, Kullu, H.P., in Criminal Appeal No.21 of 2014/21 of 2016, affirming the judgment/order of conviction dated 4.3.2014 and 6.3.2014, passed by the learned Chief Judicial Magistrate, Lahaul and Spiti at Kullu, District Kullu, H.P., in Criminal case No. 642-1 of 2011, 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.) Fact as emerge from the record are that respondentcomplainant preferred a complaint against the petitioner-accused, under Sec. 138 of the Act, in the Court of learned Chief Judicial Magistrate, Lahaul and Spiti at Kullu, District Kullu, alleging therein that the petitioner-accused, who deals in the business of fruits during the fruit season, approached him with a request to advance him sum of Rs. 7.00 lac, to carry out his business smoothly on return basis. Complainant advanced a sum of Rs. 7 lac, to the accused with an assurance that money would be returned within a period of one week. Subsequently, in the last week of Aug., 2011, petitioner-accused issued a cheque amounting Rs. 7 lac, bearing No. 92536262 dated 14.10.2011, payable at Union Bank of India, Kullu Branch, in favour of the complainant, however, on presentation, same was returned by the bank concerned vide memo dated 14.10.2011, with an endorsement "insufficient funds". After having received aforesaid memo from the bank, complainant served the accused with legal notice dated 24.10.2011, calling upon him to make the payment good, but since he failed to make the payment 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.