SUNIL JISHTU Vs. JAGDEEP KUMAR

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Sec. 397 read with Sec. 401 of Cr.PC, challenge has been laid to judgment dated 18.5.2018, passed by the learned Additional Sessions Judge, Rampur Bushehar, District Shimla, H.P., in Criminal Appeal No. 30-R/10 of 2016, affirming the judgment of conviction and sentences dated 8.6.2016 and 22.6.2016, recorded by the learned Additional Chief Judicial Magistrate, Rampur, in criminal complaint No. 138 NIA/0000050/2014, whereby the learned trial Court while holding the 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.2,50,000.00 .

(2.) Briefly stated facts, as emerge from the record are that respondent-complainant preferred a complaint under Sec. 138 of the Act, before the learned Additional Chief Judicial Magistrate, Rampur Bushehar, H.P., against the present petitioner-accused, alleging therein that, during July-August, 2013, the petitioner-accused had purchased apple boxes from him and upon settlement of accounts, an amount of Rs. 2,24,752.00 remained outstanding against the accused. Accused with a view to discharge his liability, issued a cheque bearing No. 756523 dated 1.10.2013, for a sum of Rs. 200,000.00 drawn at UCO Bank, Thanedhar, however, fact remains that the aforesaid cheque was dishonoured on its presentation on account of insufficient funds. Since petitioner-accused failed to make the 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.