RAJEEV NAG Vs. RANJEET SINGH

JUDGEMENT

(1.) The petitioner, a convict, has come up before this Court, in Revision Petition, under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), against the order dtd. 9/3/2016 [Annexure P-2] [hereinafter referred to as 'Impugned Order'] passed by learned Additional Sessions Judge (III) Kangra at Dharamshala, Camp at Palampur, [hereinafter referred to as 'Appellate Court'] whereby, the appeal filed by the petitioner-convict was dismissed for non-prosecution; resulting in affirming the judgment dtd. 8/7/2008 [Annexure P-1] passed by learned Judicial Magistrate, First Class, Palampur, District Kangra, in Criminal Complaint No.182-III/2004.

(2.) The factual matrix is that the complainant, Ranjeet Singh Rana, filed a complaint under Sec. 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act') against the accused (Rajeev Nag) herein, before the learned Judicial Magistrate, First Class (I), Palampur, District Kangra, vide Criminal Complaint No.182-III/2004, whereby the accused was convicted and sentenced for offence under Sec. 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate, First Class (I), Palampur, District Kangra on 8/7/2008 [Annexure P-1], for rigorous imprisonment for one year and to pay compensation of Rs.1,00,000.00.

(3.) Feeling aggrieved against the judgment of conviction and sentence dtd. 8/7/2008 [Annexure P-1] passed by the learned Judicial Magistrate, First Class (I), Palampur, the accused (Rajeev Nag) herein, preferred a Criminal Appeal No.152 of 2013 before the Additional Sessions Judge (III), Kangra at Dharamshala [hereinafter referred to as Appellate Court] on 9/3/2016 [Annexure P-2], which reads as under:-