SOHAN THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Petitioner, Sohan Thakur, hereinafter referred to as the accused, stands convicted by the learned Chief Judicial Magistrate, Solan, in case No. 42/3 of 1994 vide judgment dated 28.11.1997 for the offence under Section 138, Negotiable Instruments Act, 1881 (for short: the Act) and sentenced to undergo simple imprisonment for six months and to pay fine of Rs. 30,000/ -. In default of payment of fine, he has been sentenced to undergo simple imprisonment for further period of six months. Out of the amount of fine, if realised, a sum of Rs. 24,750/- was ordered to lie paid to Respondent No. 2 Shri Uma Datt Sharma, hereinafter referred to as the complainant.

(2.) On appeal by the accused, the learned Sessions Judge, Solan, vide judgment dated 15.5.1998 while maintaining the conviction of the accused as recorded by the learned Magistrate, reduced the sentence to simple imprisonment for two months and fine of Rs. 30,000/-. The sentence imposed in default of payment of fine was, however, maintained. The order of the learned Magistrate that a sum of Rs. 24,750/- out of the amount of fine, if realised, be paid to the complainant was also maintained.

(3.) Feeling aggrieved, the accused has come up before this Court by virtue of the present revision petition under Sections 397 and 401, Code of Criminal Procedure, assailing the conviction and sentence imposed upon him by the two Courts below.