DINESH CHOPRA Vs. RANJAN CHOPRA

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment passed by learned Sessions Judge, Kullu on 31.10.2018 whereby he affirmed the judgment of conviction as passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, sentencing and convicting the petitioner/accused (hereinafter referred to as 'the accused') to undergo simple imprisonment for a period of seven months for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'Act') and to pay a lumpsum compensation of Rs.1,25,000/- to the respondent/ complainant (hereinafter referred to as 'the complainant').

(2.) Brief facts giving rise to the present revision petition are that both, the complainant and the accused, were known to each other. On 30.9.2010 the accused borrowed a sum of Rs.1,00,000/- from the complainant and on the same day executed a pronote in his own handwriting in favour of the complainant. Thereafter, on 11.12.2012, the accused in discharge of his liability, issued and handed over a cheque bearing No. 006580 amounting to Rs.1,00,000/- in favour of the complainant, drawn at Bank of India, Branch Office, Manali. The complainant presented the cheque in the bank for encashment, but the same was dishonoured and returned to the complainant with the remarks "Funds Insufficient" as per memo dated 13.12.2012. This led to issuance of legal notice by the complainant on 18.12.2012 to the accused demanding payment, but despite the receipt of the same, no payment was made by the accused. Hence, the complaint.

(3.) The learned trial Court after recording the preliminary evidence found sufficient reasons to summon the accused for the commission of the offence punishable under Section 138 of the Act and after appearance of the accused, notice of accusation was put to him for the commission of alleged offence, to which the accused pleaded not guilty and claimed to be tried.