SANDEEP MITTAL Vs. PARDEEP BHALLA

JUDGEMENT

(1.) THIS revision petition has been filed against the conviction order dated 18.9.2006 and order of sentence dated 21.9.2006 passed by the learned Sub Divisional Judicial Magistrate, Talwani Sabo (for short Magistrate) under section 138 of the Negotiable Instruments Act, (for short the Act).

(2.) LEARNED Magistrate found the accused guilty of an offence under section 138 of the Act and imposed the following sentence :-

(3.) LEARNED counsel for the petitioner thereafter placed reliance on the judgment of Hon'ble Supreme Court in the case of Pankajbhai Nagibhai Patel v. State of Gujarat, 2001(1) RCR(Criminal) 343, wherein Hon'ble Supreme Court has been pleased to lay down as under :-