LAWS(P&H)-2012-7-48

SURINDER SINGH Vs. STATE OF HARYANA

Decided On July 13, 2012
SURINDER SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) TERSELY, the facts, which need a necessary mention, for the limited purpose of deciding the instant main revision petition and emanating from the record, are that, two criminal complaints, i.e. bearing Nos.823-II of 2007 titled as "Rameshwar vs. Surinder Singh" and 596-II of 2007 titled as "M/s Hazari Ram Inderjit vs. Surinder Singh" were filed against the petitioner-accused, for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the NI Act").

(2.) HAVING completed all the codal formalities, the trial Magistrate convicted the petitioner-accused in both the complaints and sentenced him to undergo rigorous imprisonment for a period of one year, to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo simple imprisonment for a period of three months in each case u/s 138 of the NI Act, vide impugned judgments of conviction dated 15.9.2008 & 27.9.2008 and orders of sentence dated 16.9.2008 and 29.9.2008 respectively.

(3.) THE petitioner-accused still did not feel satisfied with the impugned judgments of conviction and orders of sentence and preferred 1st criminal revision petition, bearing No.503 of 2011 and 2nd revision petition, bearing No.579 of 2011, invoking the provisions of Section 401 Cr.PC. The 2nd CRR No.579 of 2011 has already been dismissed by a Coordinate Bench of this Court (Alok Singh, J.), by way of judgment dated 9.3.2011 (Annexure A1).