(1.) The petitioner, who is a convict under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act'), has come up before this Court, by way of the present Criminal Revision Petition, under Sections 397 and 401 of the Code of Criminal Procedure.
(2.) The accused/convict, who allegedly deals in the sale of agricultural products, issued two cheques, amounting to Rs.20,000/ each, dated 11.7.2011 in favour of the 1st respondent, Diwan Chand, in lieu of sale of vegetable (Broccoli). However, when the cheques were presented for encashment, the same were dishonoured for want of sufficient funds. Consequently, the 1st respondent issued a notice to the petitioner, asking him to make the payment. However, neither the payment was made nor any reply was given to such notice. Consequently, the complainant who is the 1st Respondent, filed a complaint under Section 138 of the Act.
(3.) After completion of trial, the learned Judicial Magistrate 1st Class, Karsog, District Mandi, vide judgment dated 26.11.2013, convicted the accused and sentenced him to undergo simple imprisonment for a period of three months and to pay a compensation of Rs.40,000/ to the complainant. In default of payment of compensation, the accused was directed to undergo further simple imprisonment for a period of one month. Feeling aggrieved, the convict/petitioner, challenged the said judgment, by way of an appeal, under Section 374 of the Code of Criminal Procedure, filed in the Court of learned Additional Sessions Judge-1, Mandi, HP, camp at Karosog. Vide judgment dated 8.4.2019, learned Additional Sessions Judge, Mandi, Camp at Karsog, dismissed the appeal. Now, the convict has come up before this Court, challenging the judgment of conviction.