SHASHINDRA Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This criminal revision is lodged against the judgment and order 30.09.2013 passed by the Ist Additional Sessions Judge, Rishikesh, District Dehradun in Criminal Appeal No. 81 of 2012 and also against the conviction and sentence order dated 20.07.2012 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Rishikesh in Criminal Case No. 1143 of 2010 "Narendra Sahrawat Vs. Shashindra Singh", whereby the revisionist has been convicted and has been sentenced to undergo rigorous imprisonment for a period of six months and has been directed to pay a fine of Rs.1,65,000/-. In default of fine, the revisionist is directed to undergo further imprisonment for a period of three months.

(3.) Facts, giving rise to the present revision, are that the revisionist, in respect of outstanding rent of truck, gave Cheque No. 692510 dated 20.10.2007 of Punjab National Bank, amounting Rs.1,60,000/- to the respondent no. 2. The said cheque was dishonored on the ground of insufficient balance. Thereafter, the respondent no. 2 asked the revisionist to give the said money; but, the revisionist denied the same. Hence, the respondent no. 2 filed a compliant case against the revisionist under Section 138 of the Negotiable Instruments Act. The revisionist was summoned by the learned Civil Judge (Junior Division)/Judicial Magistrate, Rishikesh. He appeared before him. The learned Civil Judge (Junior Division)/Judicial Magistrate, Rishikesh, after completion of evidence, passed the order dated 20.07.2012 and convicted the revisionist accordingly. Against the judgment & order dated 20.07.2012, the revisionist filed Criminal Appeal No. 81 of 2012 before the learned Ist Additional Sessions Judge, Rishikesh. The said criminal appeal was dismissed by the said Court on 30.09.2013. Hence, this Criminal Revision.