SUSHIL DASHMANA Vs. ATAR SINGH RAWAT

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has challenged the order dated 10.10.2011, passed by Sessions Judge, Dehradun, in criminal appeal no. 85 of 2011, Sushil Dashmana vs. Atar Singh Rawat, whereby the appellant (present petitioner) was directed to deposit one third of compensation directed to be paid by the trial court.

(3.) Brief facts of the case are that complainant Atar Singh (present respondent) filed a criminal complaint case no. 1958 of 2010, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, before Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, Rishikesh (District Dehradun). At the conclusion of said case the trial court convicted present petitioner Sushil Dashmana under section 138 of Negotiable Instruments Act, and sentenced him to simple imprisonment for a period of one year and directed to pay fine of Rs. 5,000/-. The trial court further directed that amount mentioned in the cheque shall be paid as compensation to the complainant (in addition to the fund).