KHUB RAM Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The present petition, under Section 397, read with Section 401 of the Code of Criminal Procedure,1973 has been maintained by the petitioner against the judgment dated 06.07.2017, passed by learned Additional Sessions Judge, Kullu, whereby the judgment of conviction and sentence dated 11.01.2017 passed by the learned Additional Chief Judicial Magistrate, Kullu, District Kullu, H.P., in Criminal Complaint No.1566-I/2013/297-I/2015(old)836-I/2016/13/836- III/2016/2013(new), convicting the petitioner to undergo simple imprisonment for a period of four months and to pay compensation to the tune of Rs.4,50,000/- and in default of payment of compensation to undergo simple imprisonment for two months, has been affirmed; with a prayer to set aside the same and to acquit the petitioner of the charges.

(2.) The brief facts giving rise to the present petition are that the complainant-Bank, is a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act No.V of 1970, having its Head Office at 239, Backbay Reclamation, Nariman Point, Bombay (Maharashtra) and its Branch Office at Kullu, H.P., alleged in the complaint that the accused had availed the house loan (Term Loan) of Rs.3,40,000/- on 01.12.2007, from the complainant-bank. The said loan was to be paid, as per the terms and conditions of the agreement, so executed by the accused. In order to discharge the loan liability, he issued the cheque, in question, for the outstanding amount, i.e. Rs.3,49,364/- and assured that the same would be honoured as and when presented before the bank. When the said cheque was presented for its encashment, it was received back dis-honoured due to insufficient funds in the account of the accused. Thereafter, the complainant-bank got issued a legal notice dated 26.10.2013, but it was neither replied nor the payment was made.

(3.) The learned Court below, as detailed hereinabove, convicted and sentenced the accused which conviction and sentence was upheld by the learned Lower Appellate Court, hence, the present petition.