RAJESH RATHI Vs. PINTU KUMAR

JUDGEMENT

(1.) PRESENT petition is directed against the order dated 20.11.2014 of Xth Additional Sessions Judge, Ujjain passed in Criminal Appeal No. 270/14 affirming the order dated 09.06.2014 passed by Judicial Magistrate, First Class, Ujjain in Criminal Case No. 3649/2009 by which petitioner was directed to pay a compensation of Rs. 2,90,000/ - to the respondent/complainant in the case of 138 of the Negotiable Instruments Act (for short 'the N.I. Act').

(2.) ACCORDING to complaint filed by the respondent/complainant under section 138 of the N.I. Act, petitioner signed and issued a cheque of Rs. 2,00,000/ - dated 12.04.2009 in favour of respondent/complainant which was bounced for want of funds and a complaint was filed in the concerned Court by the complainant under section 138 of the N.I. Act against the petitioner. Vide judgment dated 08.07.2010 passed in Criminal Case No. 3649/2009 J.M.F.C, Ujjain convicted the petitioner under section 138 of the N.I. Act and sentenced him with one year R.I and fine of Rs. 1,000/ -.

(3.) LEARNED counsel for the petitioner/accused submits that vide judgment dated 21.09.2010 passed in Criminal Revision No. 288/10 of the complainant/respondent challenging the same judgment, Xth Additional Sessions Judge, Ujjain has set aside the part of the fine sentence and remanded the case to the Court of J.M.F.C for hearing the complainant also and to pass orders on fine sentence afresh. In compliance of the aforesaid order of revisional Court, trial Court has passed the order dated 09.06.2014 holding the complainant entitled for compensation of Rs. 2,90,000/ - in addition to jail sentence awarded to him and vide impugned order, the aforesaid order has been affirmed. Learned counsel submits that it amounts to review of its own order and is against the law.