MOHAN VERMA Vs. B. M. THAKUR

JUDGEMENT

(1.) This revision petition is directed against the judgment passed by the Court of learned Additional Chief Judicial Magistrate, Theog, in Case No. 254-3 of 2011, dtd. 28/10/2015, vide which the petitioner has been convicted for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act and he has been sentenced to undergo simple imprisonment for a period of two months and to pay compensation to the tune of Rs.3,50,000.00 to the complainant and also against the judgment passed by the Court of learned Additional Sessions Judge (CBI), Shimla, Circuit Court Theog, in Criminal Appeal No. 4-T/10 of 2016, dtd. 1/5/2017, vide which appeal filed by the petitioner against the judgment passed by the learned trial Court stood dismissed.

(2.) Before proceeding further, it is relevant to take note of the fact that on 4/8/2017, when notice was issued in this case, sentence imposed upon the petitioner was suspended subject to the petitioner furnishing personal bond to the tune of Rs.25,000.00 with one surety in the like amount to the satisfaction of the learned trial Court within four weeks from the date of the order. On the said date, petitioner through Counsel had also stated before the Court that he was willing to deposit the entire amount of compensation within four weeks as also 15% of the cheque amount to have the matter compounded. As the petitioner did not comply with the directions issued by this Court, another opportunity was given on 15/9/2017 to do the needful within four weeks. It is a matter of record that till date said order has not been complied with nor steps have been taken by the petitioner to serve the respondent despite several opportunities.

(3.) In these circumstances, the case was heard on merit today.