NIKKA RAM Vs. NEW JAGDAMBAY FINANCE

JUDGEMENT

(1.) The petitioner/convict, upon, being convicted by the learned Judicial Magistrate, 1st Class, Court No. III, Una, in complaint No. 249-1-2001/125-II2001 RBT No. 249-1-2001/127-II/06-2001, vis-à-vis, his committing an offence, constituted under the provisions of Section 138, read, with Section 141 of the Act, and also, in consequence whereto, he stood sentenced, to undergo simple imprisonment, for a period of six months, and, also stood directed, to pay compensation, borne in the sum of Rs. 2,50,000/-, to the complainant, (a) obviously stood aggrieved therefrom, and hence preferred, an appeal, before the learned Sessions Judge, Una. The complainant also standing aggrieved, vis-à-vis, the afore compensation, assessed qua it, by the learned trial Magistrate, also proceeded to rear an appeal, therefrom hence before the learned appellate Court. The appeal preferred by the complainant, stood accepted, whereas, the appeal preferred by the petitioner/convict, stood dismissed, by the learned appellate Court. Through the instant criminal revision, the convict challenges the concurrently recorded pronouncement(s), of, conviction against him, by both the learned Courts below, and, also challenges the acceptance of the appeal, preferred before it, by the complainant, wherethrough, hence, the compensation amount, initially assessed, vis-à-vis, the complainant by the learned trial Magistrate, and, borne in a sum of Rs. 2, 50,000/-, stood enhanced in, appeal, to Rs. 3,00,000/-. Since both the criminal revision petitions are inter-linked, involving common questions of law and facts, hence, both are amenable, for, a common verdict, being pronounced thereon.

(2.) Brief facts of the case are that the complainant is a Finance Corporation and running a business of hire purchase. The parties entered into hire purchase agreement appertaining to vehicle i.e. truck bearing registration No. HP-20-0725, in lieu of his liability against the complainant the accused issued a cheque No. 175081 dated 8.10.2001 for Rs. 1,75,000- in favour of the complainant of his account maintained with United Commercial Bank, ( in short UCO Bank) Swarghat, District Bilaspur. The complainant presented the said cheque to its banker i.e. Canara Bank, Una, for collection but the same was dishonoured for want of sufficient funds in the account of the accused and was returned back by the Canara Bank in original vide letter dated 30.10.2001 alongwith return memo dated 20.10.2001. Thereafter, the complainant served a legal notice dated 3.11.2001 upon the accused through his counsel through registered post asking him to make the payment of the cheque amount within 15 days and despite that the accused has not paid the amount till today.

(3.) Accordingly, the complainant preferred, a complaint, under Section 138 read with Section 141 of Negotiable Instrument Act, against, the accused. On the basis of preliminary evidence, led by the complainant, cognizance was taken against the accused. On appearance of accused in Court, notice of accusation was put to him, for the said offence whereto he pleaded not guilty. Five witnesses were examined by the complainant, in support, of his contention. After the evidence of the complainant standing adduced, the accused, was examined under Section 3134 Cr. P.C., wherein he pleaded his innocence, and, pleaded false implication. In support, of, his defence, the accused has examined three witnesses.