ASHOK KUMAR Vs. FULLERTON INDIA CREDIT COMPANY LTD

JUDGEMENT

(1.) Present Criminal Revision Petition filed under Section 397/401 of the Code of Criminal Procedure, is directed against the judgment dated 1.9.2014, passed by learned Additional Sessions Judge-II, Shimla District Shimla, H.P., in Criminal Appeal No. RBT-149-S/10 of 2014/2012, affirming the judgment of conviction and sentence, dated 4.2.2012/ 27.2.2012, passed by learned Judicial Magistrate, 1st Class, Court No.3, Shimla, in Criminal case No.2207-3 of 2010/2009, whereby learned trial court while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 60, 000/- to the complainant.

(2.) Facts, as emerge from the record are that respondent No.1(hereinafter referred to as the 'complainant') , which is a Non Banking Finance Company, registered under the Companies Act, 1956, filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') against the petitioner (hereinafter referred to as the 'Accused') in the competent Court of law, alleging therein that accused had raised loan of Rs. 65, 000/-from the complainant and he had agreed to repay the said loan amount alongwith interest in monthly installments. With a view to discharge his aforesaid liability, accused issued cheques bearing No.005659 and 005660, dated 8.8.2009 in favour of the complainant, however, facts remains that on presentation, aforesaid cheques were dishonoured on account of "insufficient funds" in the account of the accused. Accordingly, complainant got legal notice issued to the accused advising him to make the payment of the cheques amount within stipulated period. Since, the accused failed to make the payment within stipulated period, complainant was compelled to initiate the proceedings under Section 138 of the Act, in the appropriate Court of law.

(3.) Learned trial Court on the basis of the evidence adduced on record by the complainant, held accused guilty of having committed the offence punishable under Section 138 of the Act, vide judgment dated 4.2.2012/27.2.2012 and accordingly convicted and sentenced him as per the description given hereinabove.