NEELAM SAINI Vs. RAVINDER KAUR

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment, dated 1.1.2018, passed by learned Sessions Judge, Sirmaur, District at Nahan H.P., in Criminal Appeal No. 8-Cr. R/10 of 2017, affirming the judgment of conviction/ sentence dated 09.01.2017, passed by learned Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmour, H.P., in case No. 290/3 of 2014, whereby learned Court below while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced her to undergo simple imprisonment for a period of six months and to pay compensation of Rs.50,000/- to the complainant.

(2.) Briefly stated facts, as emerged from the record are that respondent (for short 'complainant') filed a complaint under Section 138 of the Negotiable Instruments Act ( for short 'Act') in the Court of learned Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmour, alleging therein that the petitioner (for short 'accused'), with a view to discharge her lawful liability, issued cheque bearing No. 219143 dated 14.6.2014 amounting to Rs. 50,000 drawn at State Bank of India (ADB), Paonta Sahib, however, fact remains that on presentation, aforesaid cheque was dishonoured with the remarks "A/c stopped". After having received memo from the bank concerned, the complainant served accused with legal notice calling upon her to make the payment good within stipulated period, but since accused failed to make the payment good within the prescribed period, complainant was compelled to initiate proceedings under Section 138 of the Act, in the competent Court of law.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed an offence punishable under Section 138 of the Act vide judgment dated 9.1.2017 and accordingly convicted and sentenced her, as per the description given hereinabove.