KAMAL PRAKASH Vs. BHUPENDER SINGH

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 Section 138 of the Negotiable Instruments Act (for short 'Act') against the petitioner on the allegations that the cheque of Rs.70, 000/- handed over by the petitioner to the respondent in order to discharge his liability to pay the debt had been dishonoured. The complaint was decided in favour of the respondent by the learned trial Magistrate and the petitioner was sentenced to pay fine of Rs.1, 40, 000/- and sentenced to undergo simple imprisonment for six months. In case of default of payment of fine, the petitioner was further directed to undergo simple imprisonment for one month. Lastly, it was directed that in case the petitioner deposits the fine of Rs.1, 40, 000/-, then 50% of the fine amount would be paid to the complainant/respondent as compensation.

(2.) Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 03.03.2011/05.03.2011, though the petitioner preferred an appeal before the learned Sessions Judge, Kullu, however, the same came to be dismissed vide judgment dated 206.2011, constraining the petitioner to file the instant revision petition.

(3.) It is not in dispute that the petitioner has not only deposited the fine amount of Rs.1, 40, 000/-, but has deposited an additional amount of Rs.10, 000/-. It is further not in dispute that the only subsisting grievance of the respondent is that the fine amount of Rs.70, 000/- out of Rs.1, 40, 000/-, as awarded by the learned Courts below, should be awarded as compensation in his favour.