RAJ KUMAR Vs. SATISH THAKUR

JUDGEMENT

(1.) Instant criminal revision petition filed under Ss.397/401 CrPC lays challenge to judgment dtd. 8/8/2022, passed by learned Sessions Judge, Chamba, in Cr. Appeal No. 6 of 2022, affirming judgment of conviction and order of sentence dtd. 8/7/2021 passed by learned Judicial Magistrate First Class, Dalhousie, Chamba, in Criminal Complaint No. 23 of 2017, whereby learned trial Court, while holding petitioner 'accused (hereinafter, 'accused') guilty of having committed offence punishable under 138 of the Negotiable Instruments Act (hereinafter, 'Act') convicted and sentenced him to undergo simple imprisonment for a period of 20 days and pay compensation of Rs.2.00 Lakh to the respondent/complainant (hereinafter, 'complainant').

(2.) Though, being aggrieved and dissatisfied with the judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal before learned Sessions Judge, Chamba but the same was dismissed. In the aforesaid background, the accused approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgment of conviction and order of sentence recorded by learned court below.

(3.) Vide order dtd. 7/12/2022, this court suspended the substantive imposed by learned court below upon the accused, subject to accused depositing entire amount of compensation, however, the fact remains that the said order never came to be complied with. Though, this court repeatedly adjourned the matter enabling petitioner to deposit the amount but today, during proceedings of the case, learned counsel for the petitioner stated that since the petitioner is not coming forward to impart instructions, this court may decide the case on merit.