CHARAN DASS Vs. MANOJ KUMAR

JUDGEMENT

(1.) Instant criminal revision petition filed under Section 397/401 of Cr.PC, lays challenge to judgment dated 24.1.2019, passed by the learned Additional Sessions Judge-II, Mandi, District Mandi, H.P., in Criminal Appeal No. 2 of 2018, affirming judgment of conviction and sentence dated 22.1.2018, passed by the learned Judicial Magistrate Ist Class, Mandi, in complaint No. 317-3/16/11, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 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.2,25,000/- to the complainant.

(2.) Precisely the facts, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, before the learned Judicial Magistrate Ist Class, Mandi, H.P., against the present petitioner-accused, alleging therein that since accused was in dire need of money to meet out his business exigency, he advanced sum of Rs. Whether reporters of the Local papers are allowed to see the judgment 2,25,000/- to the accused in the month of December, 2010. Accused with a view to discharge his liability issued cheque bearing No. 6025391 amounting to Rs. 2,25,000/- dated 31.3.2011, drawn at State Bank of Patiala, Branch Jai Devi, in favour of the complainant, 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 Section 138 of the Act.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties vide judgment dated 22.1.2018, held the petitioner- accused guilty of having committed offence under Section 138 of the Act and accordingly, sentenced him as per the description given herein above.