KAUSHAL KUMAR Vs. YASHWANT SINGH DIWAN

JUDGEMENT

(1.) It is heartening to note that with the intervention of the learned counsel for the parties as also Mr. G.D. Verma, Senior Advocate, who was requested by the Court to mediate, parties have arrived at an out of Court settlement. Efforts put in by the learned counsel as well as by the learned Mediator are highly appreciable.

(2.) Assailing the judgment dated 01.11.2008, passed by learned Judicial Magistrate 1st Class, Court No.II, Shimla, in Complaint No.126-3 of 2007, titled as Yashwant Singh Diwan Versus Kaushal Kumar, as affirmed vide judgment dated 20.06.2009, passed by learned Sessions Judge, Shimla, in Criminal Appeal No.69-S/10 of 2008, titled as Sh.Kaushal Kumar Versus Yashwant Singh Diwan, the accused-petitioner has filed the present Revision Petition under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(3.) It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of three months and pay compensation of Rs. 65,000/- i.e. Cheque amount Rs. 50,000/- and Rs. 15,000/- on account of loss suffered by the complainant due to non payment, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence stands upheld by the lower Appellate Court.