ROOP LAL Vs. MANOJ KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 18.2.2008, passed by Sub Divisional Judicial Magistrate, Karsog, District Mandi in complaint No.5-II of 2007, titled as Manoj Kumar versus Roop Lal, as modified by the learned Additional Sessions Judge Mandi (Camp at Karsog), District Mandi, vide judgment dated 9.5.2011, passed in Criminal Appeal No.16 of 2008, titled as Roop Lal versus Manoj Kumar and another, the accused- petitioner has filed the present Revision Petition under the provisions of Sections 397, 401 of the Code of Criminal Procedure, 1973.

(2.) IT is seen that the Trial Court has convicted the accused-petitioner and ordered him to pay fine double the amount of cheque in question, i.e. Rs.50,000/-, in relation to offence punishable under Section 138 of the Negotiable Instruments Act and in default of payment of fine to undergo simple imprisonment for a period of six months. Out of this amount of Rs.50,000/-, an amount of Rs.40,000/- has been ordered to be paid to the complainant. The judgment of conviction and sentence has been modified by the learned Additional Sessions Judge, Mandi, and the petitioner has been ordered to pay fine of Rs.35,000/- instead of Rs.50,000/- and undergo simple imprisonment for a period of three months instead of six months.

(3.) CHEQUE amount is of Rs.25,000/- and the said amount already stands paid by the petitioner to the respondent. The petitioner undertakes to deposit 15% of the cheque amount in the Registry of this Court within a period of six weeks from today, which shall be remitted to the H.P. Legal Services Authority.