SHYAM LAL CHAUHAN Vs. BALDEV SINGH

JUDGEMENT

(1.) This appeal under Section 378 (4) of the Criminal Procedure Code has been preferred against the judgment dated 25.6.2014 passed by learned Judicial Magistrate 1st Class, Nahan, District Sirmaur, H.P. in Cr. Complaint No. 87/3 of 2011 whereby the respondent was convicted and sentenced to undergo imprisonment till rising of the Court for an offence punishable under Section 138 of the Negotiable Instruments Act (for short 'Act') and also to pay compensation of Rs. 6,00,000/-, double of the cheque amount to be paid within thirty days with a prayer that the judgment passed by the learned Court below be set-aside and the respondent/accused be sentenced with actual imprisonment for commission of an offence under Section 138 of the Act.

(2.) The first and foremost question that arises for consideration is as to whether this appeal, that too, under Section 378(4) of the Criminal Procedure Code (for short 'Code') is legally maintainable in view of the fact that the respondent has not been acquitted but has been convicted and sentenced as aforesaid.

(3.) Section 378 (4) of the Code reads thus: