VIVEK KUMAR Vs. BAL MUKUND

JUDGEMENT

(1.) THIS criminal revision petition was filed on 25. 4. 2005 but the defects pointed out by the office have not been removed so far.

(2.) HEARD learned counsel for the petitioner and carefully gone through the judgment and order dated 1. 2. 2005 passed by Special Judge, SC/st (Prevention of Atrocities) Act Cases, Bhilwara (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 68 of 2004 whereby the appellate Court partly allowed the appeal filed by the non-petitioners against the judgment and order dated 21. 4. 2001 passed by Judicial Magistrate No. 1, Bhilwara. By judgment and order dated 21. 4. 2001, the Trial Court convicted the non-petitioners for the offence under Sec. 138 of the Negotiable instruments Act, 1881 and sentenced non-petitioners to undergo six months simple imprisonment and a fine of Rs. 5000/-, in default of payment of amount of fine, further to undergo one month's simple imprisonment and also awarded compensation of Rs. 50,000/ -. Aggrieved by the judgment and order of the Trial Court, the non-petitioners preferred an appeal before the appellate Court. The appellate Court while partly allowing the appeal, conviction of the non-petitioners was maintained and sentence of six months imprisonment was set aside. However, order of sentence of fine was maintained and in default of payment of fine, the accused non-petitioners were directed to undergo one month's simple imprisonment. The order awarding compensation by the Trial Court was maintained. It was further directed that on deposit of fine amount, the same may be paid to the complainant.

(3.) ON careful perusal of the judgment and order passed by the Trial court as also appellate Court, I do not find any error, illegality or perversity in the judgment and order impugned warranting interference in the revisional jurisdiction. The revision petition is accordingly dismissed.