LAWS(HPH)-2013-5-16

BUDHE RAM Vs. INDER SINGH

Decided On May 06, 2013
Budhe Ram Appellant
V/S
INDER SINGH Respondents

JUDGEMENT

(1.) ASSAILING the judgment dated 7.6.2008/26.6.2008, passed by learned Chief Judicial Magistrate, Mandi, in Complaint No.216-II/2004, titled as Inder Singh versus Budhe Ram, as affirmed by the learned Sessions Judge, Mandi, vide judgment dated 16.10.2012, passed in Criminal Appeal No.26 of 2008, titled as Budhe Ram versus Inder Singh, the accused- petitioner has filed the present Revision Petition under the provisions of Section 397/401 of the Code of Criminal Procedure, 1973.

(2.) IT is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs.2,31,000/- to the petitioner, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld by the learned Sessions Judge, Mandi.

(3.) UNDER instructions, Mr. H.S. Rangra, learned counsel for the petitioner, submits that the amount of cheque, i.e. Rs.2,31,000/-, in terms of the judgment dated 7.6.2008, passed by learned Chief Judicial Magistrate, Mandi, in Complaint No.216-II/2004, titled as Inder Singh versus Budhe Ram, stands deposited by the present petitioner before the trial Court. Petitioner, through his counsel, also undertakes to deposit 15% of the cheque amount in the Registry of this Court within a period of six weeks.