High CourtsSingle Bench(2010) 10 SHI CK 0125

Vipan Kumar vs State of H.P.

High Court Of Himachal Pradesh · Decided on 29 October 2010

HON’BLE JUDGES
Dev Darshan Sood, J
CASE NUMBER
Criminal Rev. No. 170 of 2010

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 263 words

Dev Darshan Sud, J.

Cr.M.P(M). No. 937 of 2010.

1.

For the reasons set out in the application, the delay in filing the petition is condoned. The application is disposed of.

Cr. Revision No. 170 of 2010.

2.

The Petitioner is aggrieved by the sentence imposed by the two courts below convicting him to undergo imprisonment for a period of three months on the ground that the cheque issued by him Ext.C-2 amounting to Rs. 23,450/-was dis-honoured without any reasonable cause. This sentence has been affirmed by the learned appellate Court which not only re-appreciated the entire evidence but also consider the submission made on the points of law.

3.

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 revisional jurisdiction. This revision petition is dismissed.

4.

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. 46,900/- as compensation before the learned trial Court within a period of six weeks from today. On such deposit being made, the amount shall be paid to the complainant-Respondent 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.