BIR SINGH Vs. SHYAM SINGH

JUDGEMENT

(1.) Since parties and disputes involved in both the petitions are same and cheques were issued by the petitioner-accused (hereinafter, 'accused') against same transaction, as such, with the consent of the parties, the petitions were taken up together for being disposed of by this common judgment.

(2.) Criminal Revision No. 403 of 2015 has been filed against judgment dated 18.8.2015 passed by the learned Additional Sessions Judge-I, Shimla in Criminal Appeal No. 46-S/10 of 2013, affirming judgment/order dated 30.4.2013/6.5.2013 passed by Judicial Magistrate 1st Class, Chopal, District Shimla, in Criminal Complaint No. 47-1/2011, whereby accused has been convicted and sentenced to undergo simple imprisonment, for one year and to pay a fine of Rs.60,000/- under Section 138 of Negotiable Instruments Act (hereinafter, 'Act'), out of which Rs.55,000/- is to be paid to the complaint, in default, to further undergo simple imprisonment, for three months.

(3.) Similarly, Criminal Revision No. 404 of 2015 has been filed against judgment dated 18.8.2015 passed by the learned Additional Sessions Judge-I, Shimla in Criminal Appeal No. 45-S/10 of 2013, affirming judgment/order dated 30.4.2013/6.5.2013 passed by Judicial Magistrate 1st Class, Chopal, District Shimla, in Criminal Complaint No. 37-1/2011, whereby accused has been convicted and sentenced to undergo simple imprisonment, for one year and to pay a fine of Rs.75,000/- under Section 138 of Negotiable Instruments Act (hereinafter, 'Act'), out of which Rs.70,000/- is to be paid to the complaint, in default, to further undergo simple imprisonment, for three months.