JOGINDER SINGH Vs. SHARMA SHUTTERING STORE

JUDGEMENT

(1.) Instant Cr. Revision Petition filed under S.397 CrPC, is directed against judgment dated 24.11.2018 passed by learned Additional Sessions Judge-II, Shimla, Himachal Pradesh in Cr. Appeal No. 15-S/10 of 2018 affirming judgment/order of conviction and sentence dated 4.4.2018/6.4.2018 passed by learned Judicial Magistrate 1st Class, Court No. 7, Shimla, H.P. in Cr. Case No. 344/3 of 2015 titled as Sharma Shuttering Store vs. Joginder Singh, whereby learned trial Court, while holding petitioner-accused (hereafter, 'accused') guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereafter, 'Act'), convicted and sentenced him to Whether reporters of the Local papers are allowed to see the judgment? . undergo simple imprisonment for a period of one month and to pay a compensation of Rs.60,000/- to the respondentcomplainant (hereinafter, 'complainant').

(2.) Succinctly the facts, as emerge from the record are that the complainant filed a complaint under S.138 of the Act in the court of learned Judicial Magistrate 1st Class, Court No. 7, Shimla, alleging therein that he had rented shuttering material to the accused, who with a view to discharge his liability, issued cheque bearing No. 0200086 dated 24.3.2015 in favour of the complainant, drawn on IDBI Bank, where accused has maintained an account, as part payment. However, the fact remains that the aforesaid cheque on presentation was dishonoured on account of "insufficient funds" in the account of the accused. After having received memo from the Bank concerned, complainant served accused with a legal notice, calling upon him to make good the payment within stipulated time. Since the accused failed to make good the payment within the stipulated time, complainant was compelled to initiate proceedings against the accused under S.138 of the Act.

(3.) Learned trial Court, on the basis of the material adduced on record by the respective parties, held accused guilty of the offence punishable under S.138 of the Act and accordingly sentenced and convicted him as per description given above.