Ramesh Hetta Vs Jyoti Badehta (Himachal Pradesh High Court)
Himachal Pradesh High Court held that accused is rightly convicted of the commission of an offence punishable under section 138 of the Negotiable Instruments Act since it is duly proved that accused has failed to pay money to the complainant.
Facts- The complainant filed a complaint against the accused before Trial Court for the commission of an offence punishable u/s. 138 of the Negotiable Instruments Act. It was asserted that the complainant is an orchardist. The accused used to purchase the apples from the growers. The complainant sold the apple boxes to the accused for ₹ 1,72,000/- and the accused issued a post-dated cheque towards the sale consideration of the apple boxes purchased by him. The complainant presented the cheque, but it was dishonoured with an endorsement ‘insufficient funds’. The complainant issued a notice to the accused asking him to pay the amount within 15 days of the receipt of the notice. The notice was duly served upon the accused on 04.03.2016, however, the accused failed to pay the amount. Hence, the complaint was filed against the accused for taking action as per the law.
Trial Court convicted the accused for the commission of an offence punishable u/s. 138 of the NI Act and sentenced him to undergo simple imprisonment for one year and pay compensation of ₹. 3,44,000/-to the complainant. Appellate Court held that the accused was rightly convicted and sentenced by Trial Court. Being aggrieved, accused has preferred the present revision.
