DINESH CHOPRA Vs. GIRI RAJ

JUDGEMENT

(1.) By way of this petition, petitioner-accused has assailed the judgment passed by the Court of learned Sessions Judge, Kullu, in Criminal Appeal No. 49 of 2015 dtd. 24/1/2018, whereby learned Appellate Court has confirmed the judgment of conviction passed against the petitioner-accused by the Court of learned Judicial Magistrate 1st Class, Manali, District Kullu in Criminal Case 1 Whether reporters of the local papers may be allowed to see the judgment? No. 167-I/2012//I-III/13 dtd. 27/8/2015, whereby learned Trial Court convicted the petitioner-accused for commission of offence punishable under Sec. 138 of the Negotiable of Instruments Act (in short 'the Act') and sentenced him to undergo simple imprisonment for a period of one year and also awarded complainant (Giri Raj) a lump-sum compensation to the tune of Rs.2,70,000.00/.

(2.) Brief facts necessary for adjudication of the petition are as under. Respondent-complainant (hereinafter referred to as 'the complainant') filed a complaint against the petitioner-accused (hereinafter referred to as 'the accused') under Sec. 138 of the Act alleging that accused had borrowed a sum of Rs.2,00,000.00 from the complainant for his domestic need and in discharge of said liability, accused had handed over cheque bearing No. 006584 dtd. 9/4/2012 for an amount of Rs.2,00,000.00 drawn upon Bank of India, Branch Manali, in favour of the complainant.

(3.) On presentation, said cheque was dishonored vide Memo dtd. 21/4/2012 with remarks "Funds Insufficient".