JUDGMENT :

Sandeep Sharma, J.

Instant criminal revision petition filed under Section 397(1) of Cr.PC read with Section 401 Cr.PC, lays challenge to judgment dated 1.11.2021, passed by the learned Sessions Judge Shimla, District Shimla, H.P., in Criminal Appeal No. 37/2021, affirming the judgment of conviction and order of sentence dated 8/30.4.2021, in criminal Case No. 250-3 of 2016, passed by the learned JMFC-5, Shimla, H.P., whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.70,000/- to the complainant.

2. Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Section 138 of the Act before the learned JMFC, Shimla, stating therein that accused with a view to discharge his liability, issued cheque bearing No. 561714 dated 20.4.2016 amounting to Rs.40,000/-, drawn at Punjab and Sindh Bank Sanjauli, Shimla, H.P., but fact remains that aforesaid cheque on its present