Mr. Sandeep Sharma, J. - - (1.)Instant criminal revision petition filed under Sections 397/ 401 of the Cr.PC, is directed against the judgment dated 20.8.2011, passed by the learned Additional Sessions Judge, Mandi, HP, in Criminal Appeal No. 18 of 2010, affirming the judgment and order of conviction dated 5.2.2010/6.2.2010, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Mandi, District Mandi, HP, in Complaint No. 62-III/2007, whereby the accused-petitioner has been sentenced as per description given herein below:-
"Section 138 of the Negotiable Instruments Act.

To undergo simple imprisonment for a period of six months and to pay compensation of Rs.20,000.00 to the complainant."

(2.)Briefly stated facts as emerge from the record are that respondent (hereinafter referred to as "the complainant") filed a complaint under Sec. 138 of the Negotiable Instruments Act (in short "the Act"), before the court of learned Additional Chief Judicial Magistrate, Court No.1, Mandi, stating therein that petitioner-accused, who had friendly relation with him, asked for Rs. 75,000.00 from him on return basis in order to meet some domestic needs. The complainant further stated that on the aforesaid request having been made by the accused, he gave him an amount of Rs. 75,000.00 on the same day and in lieu of the same, accused issued post dated cheque bearing No. 035585 dated 5.7.2007 amounting to Rs. 75,000.00 Ext.CW-1/A, drawn at C.D. Co-operative Credit Society Ltd Branch Office Gagal, Tehsil Sadar, District Mandi. However, fact remains that on presentation, aforesaid cheque was returned by the banker on account of insufficient funds on 7.7.2007. The complainant again presented the aforesaid cheque for encashment on 11.7.2007 in the said bank, but it was again dishonored on account of insufficient funds. The complainant after dishonoring of aforesaid cheque got legal notice issued upon the accused calling upon him to make payment of cheque good within a period of 15 days but since no steps, whatsoever, were taken by the accused, respondent initiated proceedings under Sec. 138 of the Act before the competent Court of law.
(3.)Learned Additional Chief Judicial Magistrate, Court No.1, Mandi, after satisfying itself that prima facie case exists against the accused put a notice of accusation, to which he pleaded not guilty and claimed trial. Learned trial Court on the basis of evidence adduced on record by the complainant, found the accused guilty of having committed offence under the aforesaid Sec. and accordingly, convicted and sentenced him as per description already given above.