RAKESH SHARMA Vs. PUNEET GAUTAM

JUDGEMENT

(1.) The petitioner has filed the present petition for modification of judgment and sentence passed by the learned Judicial Magistrate, First Class, Court No.1, Solan (H.P) (learned Trial Court), in a case bearing No.711/3 of 2011/10, titled Rakesh Sharma Vs. Puneet Gautam, dtd. 22/3/2021, as modified by learned Sessions Judge, Solan (learned Revisional Court) in a Criminal Revision No.7-S/10 of 2021 decided on 12/4/2022. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act ("in short N.I. Act"). The learned Trial Court convicted the accused vide judgment dtd. 22/3/2021 and sentenced him to undergo simple imprisonment for three months and pay a compensation of Rs.5,50,000.00 to the complainant.

(3.) Being aggrieved by the judgment and order passed by the learned Trial Court, the accused filed an appeal, and the complainant filed a revision which were decided by the learned Sessions Judge, Solan (H.P). Learned Sessions Judge, Solan upheld the judgment and order passed by the learned Trial Court convicting the accused and sentencing him to undergo simple imprisonment for three months. Learned Sessions Judge also partly allowed the revision and enhanced the compensation to Rs.6,50,000.00.