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2013 DIGILAW 414 (HP)

GOPAL SHARMA v. SANJAY KUMAR

2013-05-13

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. 1. ADMIT, Taken up for hearing. Heard learned counsel for the parties. On 9th April, 2. 2013 LEARNED counsel for the petitioner had made a categorical statement that petitioner is not interested in getting the offence compounded in terms of judgment rendered by the Apex Court in Damodar S.Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663 . In terms of the impugned judgment dated 9.11.2012, the Presiding Officer (Additional Sessions Judge), Fast Track Court, Mandi, H.P. in Criminal Appeal No. 73 of 2008 has affirmed the findings of fact, judgment of conviction and sentence dated 19.9.2008 passed in Private Complaint No. 130-I/2004 titled as Sanjai Kumar vs. Gopal Sharma by the Judicial Magistrate Ist Class, Mandi. Accused/Petitioner is convicted for having committed an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and pay fine/compensation amounting to Rs.31,000/-. 3. THE challenge to the judgment is on the ground that the complainant misused the cheque which was issued in blank by the present petitioner. 4. THE Courts below, after examining the testimonies of CW-1 Shanti Chand Thakur, CW-2 Krishan Chand and also the other witnesses, returned findings to the effect that petitioner had issued a cheque Ext.CW-1/A dated 5.2.2004 amounting to Rs.25,000/-. The Courts below have concurrently held that the said cheque, upon presentation was dishonoured on account of insufficient funds. Memo Ext.CW-1/B is on record to this effect. 5. THE respondent herein sent a legal notice calling upon the petitioner to pay the amount which he failed to do so. Petitioner did not refute having issued the cheque in question towards discharge of his liability upon receipt of such notice. Even when the respondent filed criminal complaint, in which petitioner stands convicted and sentenced, he did not establish his defence, despite opportunities afforded. 6. BOTH the Courts below, by taking into account the objects and purpose of the Negotiable Instruments Act have rightly come to the conclusion that the sanctity and credibility in relation to commercial transaction for which cheque stands issued have to be respected and honoured. As such, I do not find any ground to interfere with the judgments passed by the Courts below. No other point urged. Consequently, the present petition is dismissed. Interim order, if any, stands cancelled.