JITENDER KUMAR @ LUCKY Vs. RAJAN CHOPRA

JUDGEMENT

(1.) By way of instant application filed under Sec. 482 of the Code of Criminal Procedure read with Sec. 147 of the Negotiable Instruments Act, prayer has been made on behalf of the petitioner/Accused/Applicant, for recalling judgment, dtd. 20/12/2018, passed by this Court, whereby judgment of conviction, dtd. 11/11/2016, passed by learned Judicial Magistrate, 1st Class, 1Whether reporters of the Local papers are allowed to see the judgment? No. Manali, District Kullu, H.P., in Criminal complaint No.000214 of 2014, came to be upheld.

(2.) Respondent/ Non-applicant (for short the 'Complainant'), who had advanced loan to the tune of Rs. Two lac to the petitioner/applicant/accused ( for short the 'Accused') on his request, was compelled to initiate proceedings under Sec. 138 of the Negotiable Instruments Act, ( for short the 'Act') for the realization of aforesaid amount because accused despite having received legal notice failed to make the payment good within stipulated period. Learned trial Court on the basis of the evidence adduced on record by the complainant, held accused guilty of having committed an offence punishable under Sec. 138 of the Act, and accordingly convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs. 2,50,000/-.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the learned trial Court, accused petitioner, preferred an appeal under Sec. 374 Cr.P.C, in the Court of learned Sessions Judge, Kullu, which came to be registered as Cr. Appeal No.17 of 2016. However, fact remains that same was dismissed, as a consequences of which, judgment of conviction recorded by the learned trial Court, came to be upheld.