SHYAM SUNDER Vs. KARAM CHAND

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Sec. 397, challenge has been laid to judgment dtd. 12/6/2017, passed by the learned Additional Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No. 2 of 2017, affirming judgment of conviction and sentence dtd. 18/10/2016, recorded by the learned Additional Chief Judicial Magistrate, Kullu, in complaint No. 38-1/2013 (old) and 312-1/2016/ 312/III/16 (new), whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs.7,60,000.00 to the complainant and in default, further simple imprisonment for a period of two months.

(2.) Precisely the facts, as emerge from the record are that respondent-complainant preferred a complaint under Sec. 138 of the Act, before the learned Additional Chief Judicial Magistrate, Kullu, H.P., against the present petitioner-accused, alleging therein that he had lent sum of Rs.6,00,000.00 to the accused in the month of January, 2013, on his demand to develop his business on the assurance that he would return the same within a period of two months. But subsequently, on 5/3/2013, accused with a view to discharge his liability issued cheque bearing No.021836 amounting to Rs.6,00,000.00 dtd. 5/3/2013, drawn at State Bank of Patiala, Branch Patlikuhal, District Kullu, H.P. in favour of the complainant, however, fact remains that the aforesaid cheque was dishonoured on its presentation on account of insufficient funds. Since petitioner-accused failed to make the payment good within the stipulated period despite issuance of legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties held the petitioner-accused guilty of having committed offence under Sec. 138 of the Act and accordingly, sentenced him as per the description given herein above.