ASHA KUMARI Vs. SATISH KUMAR

JUDGEMENT

(1.) By way of instant Criminal Revision Petition filed under Sec. 397/401 of the Code of Criminal Procedure, challenge has been laid to judgment dtd. 25/10/2018, passed by learned Additional Sessions Judge-I, Kangra at Dharamshala, H.P., in Criminal Appeal No.03/D/X/2017, affirming the judgment/order of conviction dtd. 21/1/2017/6/2/2017, passed by learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P., in Complaint No.93-III/2015/12, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Sec. 138 of Whether the reporters of the local papers may be allowed to see the judgment? the Negotiable Instruments Act, convicted and sentenced her to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs.2,38,700.00 i.e. cheque amount . of Rs.2,17,000.00 and Rs.21,700.00 on account of loss suffered by the complainant due to non payment to the complainant- respondent.

(2.) Briefly stated facts, as emerge from the record are that the 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, Nurpur, District Kangra, H.P., alleging therein that in the month of September, 2009, the petitioner (for short 'accused'), who was in the business of immigration, took a sum of Rs.50,000.00 from the complainant with an assurance that she would be arranging some job for him in Georgia. He further alleged that balance amount of Rs.1,90,000.00 was paid later on and as such, total sum of Rs.2,40,000.00 was received by the accused from the complainant with an assurance that within a period of six months accused would arrange sending the complainant to Georgia, failing which entire amount would be returned back. However fact remains that accused failed to send the complainant to Georgia. Subsequently, accused with a view to discharge her liabilities issued two cheques bearing No.338380 and 338382, for a sum of Rs.1,00,000.00 and 1,40,000/- dtd. 20/9/2010 and 25/10/2010 respectively payable at SBI, Branch Kangra, H.P., in favour of the complainant.

(3.) Record reveals that the aforesaid cheques were . dishonoured on their presentation and as such complainant after having received memo from the bank concerned served accused with statutory legal notice, calling upon her to make the payment good within the 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 appropriate Court of law.