DEVENDER SHARMA Vs. PAWAN SHARMA

JUDGEMENT

(1.) THIS order shall dispose of three above -mentioned connected revision petitions.

(2.) PETITIONER Devender Sharma has filed petition i.e. CRR No.3262 of 2010 against respondent Pawan Sharma under Section 401 Cr.P.C. challenging the order dated 12.10.2010 passed by learned Addl. Sessions Judge, Faridabad.

(3.) IT is mainly stated in the petition that the impugned judgment of conviction dated 11.05.2010 and order of sentence dated 13.05.2010 passed by learned Addl. Chief Judicial Magistrate, Faridabad and judgment dated 12.10.2010 passed by learned Addl. Sessions Judge, Faridabad, dismissing the appeal of the petitioner and allowing the appeal of the complainant -respondent, are against law and facts on record. It is mainly stated in the petition that trial court convicted the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentenced the petitioner to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 10,000/ -. The appeal filed by the petitioner has been dismissed whereas the appeal filed by the complainant -respondent has been allowed and the sentence of six months has been enhanced to one year and compensation of Rs. 7,50,000/ - has been ordered to be paid by the petitioner to the respondent -complainant. It is further stated that prosecution has miserably failed to bring home the guilt of the petitioner. The prosecution version besides being tainted, is full of material contradictions and the conviction cannot be recorded.