2021 (11) TMI 724

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... by learned Judicial Magistrate, 1st Class, Court No. 5, Shimla, District Shimla, H.P., in case No. 183-3 of 2014, whereby learned court below while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs. 1,50,000/- to the complainant. 2. Precisely, the facts of the case as emerge from the record are that the respondent (hereinafter referred to as the complainant) instituted a complaint under Section 138 of the Negotiable Instruments Act (for short Act) before the Court of learned Judicial Magistrate, 1st Class, Court No. 5, Shimla, Distri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Court, petitioner-accused preferred an appeal in the Court of learned Sessions Judge, Shimla, District Shimla, H.P., which came to be registered as Criminal Appeal No. 51-S/10 of 2018, however fact remains that same was dismissed, as a result of which, judgment of conviction and order of sentence recorded by learned trial court came to be upheld. In the aforesaid backdrop, accused approached this Court in the instant proceedings, praying therein for his acquittal after setting aside the judgment of conviction and order of sentence recorded by Court below. 5. Vide order dated 28.7.2021, this Court suspended the substantive sentence imposed by learned court below subject to the applicant's depositing entire compensation amount. On 27.8....