PRABHAKAR Vs. VISHNU

JUDGEMENT

(1.) In this criminal revision application, challenge is to the judgment and order dtd. 12/10/2011 passed by the learned Adhoc Additional Sessions Judge, Gondia, whereby the learned Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence awarded by the learned Judicial Magistrate First Class, Gondia for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short " the N.I.Act"). The learned Judicial Magistrate First Class, Gondia by order dtd. 31/8/2009 on conviction had sentenced the applicant/accused to suffer rigorous imprisonment for three months and to pay fine of Rs.1,000.00 and also directed him to pay the compensation of Rs.1,60,000.00 to the complainant.

(2.) The facts are as follows:-

(3.) The complainant examined himself and one witness. He relied on number of documents. The accused has examined himself and one independent witness. Learned Magistrate on consideration of the evidence found the accused guilty and sentenced him as above. The appeal filed against his conviction and sentence was dismissed by the learned Adhoc Additional Sessions Judge. The accused is therefore, before this Court.