PALAS RAM Vs. BAL KRISHAN (SINCE DECEASED)

JUDGEMENT

(1.) Looking to the nature of order, I propose to pass, it is not at all necessary to delve into the facts in detail. Suffice it to state that the complainant/respondent instituted a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'Act') against the petitioner on the allegations that a cheque of Rs.50,000.00 handed over by the petitioner to respondent in order to discharge his liability had been dishonoured. The complaint was decided in favour of the respondent by the learned Additional Chief Judicial Magistrate, Court No.2, Shimla, H.P. and the petitioner was sentenced to undergo simple imprisonment for a period of 15 days and also directed to pay compensation of Rs. 55,000.00 to the complainant/respondent.

(2.) Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 17.02.2016/07.04.2016 though the petitioner preferred an appeal before the learned Sessions Judge, Shimla, however, the same came to be dismissed vide judgment dated 16.12.2017, constraining the petitioner to file the instant revision petition.

(3.) Today, when the case was taken up, learned counsel appearing for the petitioner handed over a draft of Rs.42,500.00in the open Court and further states that a sum of Rs.12,500.00already stands deposited before the learned trial Court and requested that the case be compounded.