KAMLESH KANT Vs. DEEPAK CHAUHAN

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, is directed against the judgment, dated 5.2.2019, passed by learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, District Shimla, H.P., in Criminal Appeal No. 4-R/10 of 2015, affirming the judgment of conviction/ sentence dated 28.1.2015, passed by learned Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla H.P., in case No. 0300063/2012, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Sec. 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.8,00,000.00 to the complainant.

(2.) Briefly stated facts, as emerged from the record are that respondent (for short 'complainant') filed a complaint under Sec. 138 of the Negotiable Instruments Act ( for short 'Act') in the Court of learned Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla H.P., alleging therein that the petitioner (for short 'accused'), with a view to discharge his lawful liability, issued two cheques bearing No.471097 and 471098, dated 15.12.2011, amounting to Rs. 3,00,000.00 and Rs. 2,00,000.00 respectively. However, fact remains that on presentation, aforesaid cheques were dishonoured due to "insufficient funds" in the account of the accused. Complainant got issued legal notice calling upon the accused 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 Sec. 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 the offence punishable under Sec. 138 of the Act vide judgment dated 28.1.2015 and accordingly convicted and sentenced him, as per the description given hereinabove.