SUKH DEV Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS revision is directed against judgment dated 10.7.2008 passed by learned Sessions Judge, Hamirpur in Criminal Appeal No.30 of 2007, affirming judgment dated 20. 6.2007 passed by learned Judicial Magistrate Ist Class, Barsar, District Hamirpur in Complaint No.68-1-2005. Whether the reporters of the local papers may be allowed to see the Judgment?Yes

(2.) THE facts in brief are that respondent No.1 had filed complaint under Section 138 of Negotiable Instruments Act, 1881 (for short Act) against petitioner, alleging that petitioner approached respondent No.1 for money for the marriage of his daughter and repair of truck. The respondent No.1 gave money to petitioner. The petitioner issued cheque bearing No.2321919 dated 2.10.2004 amounting to Rs. 2,70,000.00 of Himachal Pradesh State Co-operative Bank Limited, Barmana.

(3.) THE preliminary evidence was recorded; the petitioner was summoned under Section 138 of the Act. He pleaded not guilty. The respondent No.1 examined three witnesses and produced cheque Ex.DW-2/A, memo of Punjab National Bank Ex.CW-2/B, memo of H.P. State Co-operative Bank Ltd. Ex.CW-3/A, notice Ex.CW-1/A, envelope Ex.CW-1/B and postal receipt Ex.CW-1/C. The statement of petitioner was recorded under Section 313 Cr.P.C. He denied his involvement. He opted to lead defence evidence but did not lead any evidence despite many opportunities. The defence evidence was closed on 27.10.2006. The learned Judicial Magistrate on 20.6.2007 convicted the petitioner under Section 138 of the Act and was sentenced to one year simple imprisonment together with award of compensation Rs. 3,00,000.00 to be paid to respondent No.1 by petitioner. The appeal filed by petitioner has been dismissed, hence this revision.