JEEVAN SINGH Vs. YASHIN MOHD.

JUDGEMENT

(1.) Petitioner was convicted and sentenced by the learned Additional Chief Judicial Magistrate, Sri Ganganagar for the offence under Sec. 138 of the Negotiable Instruments Act (hereinafter, in short, referred to as 'the Act') vide judgment and order dated 12.9.2005 and was sentenced to undergo simple imprisonment for a period of one month with fine of Rs. 60,000.00, in default thereof to further undergo simple imprisonment for a period of one month. The petitioner was given benefit of set off in relation to the period already undergone in judicial custody and it was ordered that on depositing the amount of fine by the accused a sum of Rs. 58,000.00 will be paid to the complainant.

(2.) Aggrieved by the aforesaid judgment of conviction and order of sentence, an appeal was filed by the accused-petitioner before the learned Sessions Judge, Sri Ganganagar which was subsequently transferred to Additional Sessions Judge and was dismissed by order dated 12.9.2005 and the order passed by the learned trial Judge has been affirmed, hence the present petition has been filed.

(3.) Heard learned counsel for the parties,