RUPESH SHARMA Vs. RAJESH THAKUR

JUDGEMENT

(1.) Present Criminal Revision Petition filed under Section 397/401 of the Code of Criminal Procedure, is directed against the judgment dated 6.9.2017, passed by learned Additional Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No. 19 of 2017, affirming the judgment of conviction and sentence, dated 23.12.2016, passed by learned Additional Chief Judicial Magistrate, Kullu, in complaint No.406I/2011/1524I/2013(old) &/699I/2016/11/699III/2016/11(new), whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 6,50,000/- to the complainant.

(2.) Briefly stated facts, as emerge from the record are that respondent ( for short 'complainant') filed a complaint under section 138 of the Negotiable Instruments Act, (for short "Act') against the petitioner (for short 'accused') in the competent Court of law, alleging therein that accused borrowed a sum of Rs. 4,50,000/- from him and assured to repay the same within a period of six months. Subsequently, on 15th July, 2011, accused with a view to discharge his aforesaid liability, issued cheque bearing No.507716, amounting to Rs. 4, 50,000/- in favour of the complainant, however fact remains that same was dishonoured due to "insufficient funds" in the account of the accused. Since, the accused failed to make the payment within stipulated time despite issuance of legal notice served upon him, complainant was compelled to initiate proceedings under Section 138 of the Act, in the appropriate Court of law.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Section 138 of the Act, vide judgment dated 23.12.2016 and accordingly convicted and sentenced him as per the description given hereinabove.