PREM CHAND Vs. RAJAN CHOPRA

JUDGEMENT

(1.) ASSAILING the judgment dated 2.6.2012, passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, in Criminal Case No.256-I/09:69-III/11, titled as Rajan Chopra versus Prem Chand, as affirmed by the learned Sessions Judge, Kullu, Himachal Pradesh, vide judgment dated 29.12.2012, passed in Criminal Appeal No.28 of 2012, titled as Prem Chand versus Rajan Chopra, the accused-petitioner has filed the present Revision Petition under the provisions of Sections 401 read with Section 397 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.2,25,000/- to the complainant, 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, Kullu.

(3.) ENTIRE amount, in terms of the judgment dated 2.6.2012, passed by Judicial Magistrate 1st Class, Manali, in Criminal Case No.256-I/09:69-III/11, stands deposited by the present petitioner before the trial Court. He, through his counsel, also undertakes to deposit 15% of the cheque amount in the Registry of this Court within a period of two months, which shall be remitted to the H.P. Legal Services Authority. It shall be open for the respondent to withdraw the amount deposited before the trial Court.