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2016 Supreme(HP) 553

AJAY MOHAN GOEL
Sandeep Walia – Appellant
Versus
Sanjeev Dulta – Respondent


Advocates Appeared:
For the petitioner:Mr. Dinesh Bhanot, Advocate.
For the respondent:Mr. Anil Chauhan, Advocate.

JUDGMENT :

Ajay Mohan Goel, J. :

This Revision Petition has been filed against judgment dated 29.10.2015 passed by the Court of learned Additional Sessions Judge-1, Shimla in Criminal Appeal No. 1-S/10 of 2015 vide which, the learned Appellate Court has upheld the judgment dated 13.05.2014 passed by learned Judicial Magistrate 1st Class, Jubbal, District Shimla in Case No. 1/3 of 2012, whereby the present petitioner has been convicted and sentenced for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The case of the complainant was that he and accused were good friends and had good relations with each other. Accused approached the complainant in January, 2011 and hired a Tipper from him on monthly rental charges of Rs.65,000/- per month. The truck was accordingly handed over by the complainant to accused on rent so agreed between him and the accused. In order to discharge his liability as was due towards the complainant, the accused issued advance post dated chaques, i.e., cheque Nos. 848691 dated 18.06.2011, 848690 dated 18.07.2011, 848692 dated 18.08.2011 and 848693 dated 18.09.2011, each amounting Rs.65,000/-, which were drawn upon























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