LAWS(HPH)-2017-11-30

HET RAM Vs. PRAKASH CHAND AND ANOTHER

Decided On November 06, 2017
HET RAM Appellant
V/S
Prakash Chand And Another Respondents

JUDGEMENT

(1.) Cr.M.P.(M) No.996 of 2017.

(2.) The explanation offered by the Judicial Magistrate Ist Class, Court No.3, Mandi, perused. I am satisfied with such explanation, which is made part of the records.

(3.) Looking to the nature of order, I propose to pass, it is not at all necessary to deal with the facts in detail. Suffice it to state that the complainant-respondent filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act (for short 'Act') which after trial was allowed by the trial Magistrate and the petitioner was ordered to be convicted and sentenced to undergo simple imprisonment for a period of six months and directed to pay fine of Rs. 10,000/- for the commission of the offence and further directed to pay compensation in the sum of Rs. 1,00,000/- to the respondent. In default of payment of fine, the petitioner was also directed to undergo simple imprisonment for a period of one month. The petitioner filed an appeal assailing the aforesaid conviction and sentence and the same was upheld by the learned Additional Sessions Judge (II), Mandi, District Mandi, H.P. and the petitioner was directed to undergo imprisonment for a period of six months and directed to pay compensation of Rs. 1,50,000/- to the complainant/respondent No.1 modifying the compensation part. It is thereafter that the petitioner has filed the instant revision petition assailing the judgments of conviction and sentence as passed by the learned Courts below.