PRITHVI CHAND Vs. SANTOSH

JUDGEMENT

(1.) ASSAILING the judgment dated 17.3.2011, passed by learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, in Criminal Case No.56/3 of 2010, titled as Santosh versus Prithvi, as affirmed by the learned Sessions Judge, Sirmaur District at Nahan, vide judgment dated 15.7.2013, in Criminal Apepal No.33 Cr.A/10 of 2011, titled as Prithvi Chand versus Santosh, the accused petitioner has filed the present Revision Petition under the provisions of Sections 397 and 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 one month and pay fine of Rs.70,000/ , in relation to offence punishable under Section 138 of the Negotiable Instruments Act. Out of the fine amount, a sum of Rs.65,000/ has been ordered to be paid to the complainant as compensation. The judgment of conviction and sentence has been upheld by the learned Sessions Judge, Sirmaur District at Nahan.

(3.) CHEQUE amount is of Rs.60,000/ , which already stands paid to the respondent, as is so stated by the petitioner and admitted by the respondent, who are present in Court today. Petitioner undertakes to deposit 15% of the cheque amount in the Registry of this Court on or before 31.10.2013, which shall be remitted to the Himachal Pradesh State Legal Services Authority, Shimla, H.P.