SUKHDEV PRASAD TONDON Vs. BAL RAM KISHORE TONDON

JUDGEMENT

(1.) Criminal Revision No.578/2010 filed on behalf of the accused/applicant namely Sukhdev Prasad Tandon against the judgment dated 18-10-2010 passed by the 3rd Additional Sessions Judge, Bilaspur in Criminal Appeal No.32/2009 affirming the judgment of conviction & order of sentence dated 16-3-2009 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Complaint Case No.119/2009 and Criminal Miscellaneous Petition No.891/2010 filed on behalf of the complainant namely Balram Kishore Tandon against the order dated 18-10-2010 passed by the 3rd Additional Sessions Judge, Bilaspur in Criminal Revision No.163/2009 affirming the same judgment dated 16-3-2009 passed by the same Judicial Magistrate First Class, Bilaspur in same Criminal Complaint Case No.119/2009, are being disposed of by this common order.

(2.) Vide Criminal Revision No.578/2010 accused/applicant Sukhdev Prasad Tandon has challenged legality and propriety of the judgment dated 18-10-2010 passed by the 3rd Additional Sessions Judge, Bilaspur in Criminal Appeal No.32/2009 affirming the judgment of conviction & order of sentence dated 16-3-2009 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Complaint Case No.119/2009, whereby learned Judicial Magistrate First Class has convicted the accused/ applicant under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') relating to cheque No.7094151 of Rs.5 lakhs and sentenced him to undergo RI for three months and pay compensation of Rs.9 lakhs to the complainant, while holding that the complainant has not proved the dishonour of another cheque Ex.P-1 bearing No.513685.

(3.) By filing Criminal Revision No.163/2009 before the Court of 3rd Additional Sessions Judge, Bilaspur, complainant Balram Kishore Tandon has challenged the part of judgment dated 16-3-2009 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Complaint Case No.119/2009, relating to cheque Ex.P-1 for which the trial Court has not held the accused guilty. Criminal Revision No.163/2009 was finally dismissed by the 3rd Additional Sessions Judge, Bilaspur vide order dated 18-10-2010 and same has been challenged by the complainant before this Court in Criminal Miscellaneous Petition No.891/2010.