High CourtsSingle Bench(2010) 10 SHI CK 0330

Roop Lal vs Om Traders and Another

High Court Of Himachal Pradesh · Decided on 26 October 2010

HON’BLE JUDGES
Dev Darshan Sood, J
CASE NUMBER
Criminal Revision No. 217 of 2010

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Judgment

3 paragraphs · 210 words

Dev Darshan Sud, J.—Two courts below having concurrently found against the petitioner that he had issued a cheque in the sum of Rs. 30,000/- which was dis-honoured without any reasonable cause, have convicted the petitioner herein to pay compensation to the extent of Rs. 40,000/- and to undergo simple imprisonment for three months.

2.

Learned Counsel appearing for the petitioner reiterates the same points which were urged before the courts below. Those having been determined as a question of fact, this Court will not interfere in the revisional jurisdiction. This revision petition is dismissed.

3.

Looking to the facts and circumstances of the case, a direction is issued that the sentence of imprisonment is set aside subject to the condition that the petitioner herein shall deposit a sum of Rs. 45,000/- as compensation before the learned trial Court within a period of two months from today. On such deposit being made, the amount shall be paid to the complainant-respondent No. 1 forthwith. It is further directed that in case of non deposit of the amount as ordered, the sentence of imprisonment shall revive and the petitioner shall undergo the sentence of imprisonment as imposed by the Courts below. The petition is disposed of. All miscellaneous applications are also disposed of.