PYARE LAL Vs. NARAYAN NEGI & ANR

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 No. 1 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.5, 00, 000/- handed over by the petitioner to complainant/ respondent No. 1 in order to discharge his liability had been dishonoured. The complaint was decided in favour of complainant/respondent No. 1 by the learned trial Magistrate and the petitioner was sentenced to undergo simple imprisonment for a period of six months and a compensation of Rs.5, 50, 000/- was awarded in favour of complainant/respondent No.1.

(2.) Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 01.11.2010, though the petitioner preferred an appeal before the learned Sessions Judge, Kullu, H.P., however, the same came to be dismissed vide judgment dated 23.03.2011, constraining the petitioner to file the instant revision petition.

(3.) It is not in dispute that the petitioner has deposited a lumpsum amount of Rs.10, 00, 000/- to the respondent/complainant out of which Rs.4, 25, 000/- was paid in cash on 202018 and a sum of Rs. 2,75, 000/- was deposited in the Court of learned JMIC, Manali and for remaining amount of Rs.3, 00, 000/-, the petitioner has issued a Bank Draft No. 227972 dated 25.04.2018 drawn at Punjab National Bank, Naggar Branch in the name of Registrar General, High Court of H.P.