MOHAN LAL Vs. PRATAP SINGH

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Section 397 read with Section 401 of the Cr.PC, challenge has been laid to judgment dated 5.7.2007, passed by the learned Additional Sessions Judge, FTC, Shimla, H.P., in Criminal Appeal No. 29-s/10 of 2007/06, affirming the judgment/order of conviction dated 23.5.2006, passed by the learned Judicial Magistrate, 1st Class, Theog, District Shimla, H.P., in Case No. 214-1 of 2004, whereby the learned trial Court while holding petitioner-accused guilty of having committed offence punishable under section 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of three months and to pay fine of Rs. 3,000/-. In case of default of payment, to further undergo simple imprisonment for a period of 20 days.

(2.) Succinctly, fact necessary for adjudication of the present case are that respondent-complainant namely Sh. Partap Singh, preferred a complaint against the petitioner-accused, under Section 138 of the Act, in the Court of learned Judicial Magistrate, Ist Class, Theog, District Shimla, H.P., alleging therein that the petitioner-accused, with a view to discharge his liability, issued a cheque bearing No. 373182 dated 28.3.2004, amounting to Rs. 28,000/-, drawn at HP State Co-operative Bank, Deha Branch, District Shimla, in favour of the complainant, however, fact remains that the aforesaid cheque was dishonoured on its presentation. Since petitioner-accused failed to make 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 Section 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 Section 138 of the Act and accordingly, sentenced him as per the description given herein above.