DAGU RAM Vs. GHANSHYAM RANA

JUDGEMENT

(1.) Instant criminal revision filed under Sec. 397 read with Sec. 401 CrPC has been filed against judgment dtd. 7/11/2015 passed by Additional Sessions Judge (I) Mandi, District Mandi, in Criminal Appeal No. 51/2013/88/14, thereby affirming judgment /order of conviction dtd. 3/3/2014/10/3/2014 passed by Judicial Magistrate 1st Class, Chachiot at Gohar, District Mandi, Himachal Pradesh in Complaint No. 39-I/2013 /10-III/2013, whereby learned trial Court, while holding petitioner-accused guilty of having committed offence punishable under Sec. 138 of Negotiable Instruments Act (hereinafter, 'Act'), convicted and Whether reporters of the Local papers are allowed to see the judgment sentenced him to undergo simple imprisonment for a period of two months and to pay a compensation of Rs.3,10,000.00.

(2.) Briefly stated facts, as emerge from record are that respondent-complainant filed a complaint under Sec. 138 of the Act, in the Court of Judicial Magistrate 1st Class, on account of dishonouring of cheque bearing No. 554101 dtd. 24/12/2012 amounting to Rs.3,00,000.00. Learned trial Court, on the basis of evidence adduced on record by the complainant, held petitioner guilty of having committed offence punishable under Sec. 138 of the Act and accordingly convicted and sentenced him as stated above.

(3.) Being aggrieved and dissatisfied with judgment of conviction, petitioner filed an appeal before the Additional Sessions Judge (II) Mandi, i.e. Cr. Appeal No. 51/13, 88/14, which was dismissed on 7/11/2015, upholding judgment/order of conviction passed by learned trial Court. In the aforesaid background, petitioner has approached this Court by of instant proceedings, praying for acquittal after setting aside judgments/order passed by learned Courts below.