- (1.) THIS order shall also govern the disposal of Cr.R. Nos. 710/08 and 711/08, as in all the three petitions petitioner is one and the same and in Cr.R. Nos. 709/08 and 710/08 respondent is also one and the same, so far as respondent of Cr.R. No. 711/08 is concerned, he is the son of the respondent of Cr.R. 709/08.
(2.) IN all the three petitions judgment under challenge is dated 24.6.2008 passed by 1st ASJ, Mandsaur in Cr.A. No. 186/08, whereby the judgment dated 5.5.2008 passed by JMFC, Mandsaur in Criminal Case No. 1607/06 whereby the petitioner was convicted under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as an Act) with imprisonment of one month with fine of Rs. 60,000/-, the present petition has been filed. Particulars of all the three cases are as under: Sr. No. Cr. R. No. Cr. A. No. Date of Judgment Criminal Case Date of Judgment No. 1. 709/08 186/08 24.6.2008 1607/06 5.5.2008 2. 710/08 188/08 24.6.2008 1140/06 5.5.2008 3. 711/08 187/08 24.6.2008 1141/06 5.5.2008
(3.) IN all the three cases the complaint was that petitioner issued a cheque of Rs. 43,000/- and two cheques of Rs. 45,000/-, which were dishonoured upon presentation and the amount was not paid in spite of demand. It was prayed that petitioner be prosecuted under Section 138 of the Act, After taking cognizance and also after framing of charge and recording of evidence, it was found that the petitioner has committed an offence punishable under Section 138 of the Act and petitioner was convicted with an imprisonment of one month and fine of Rs. 60,000/-, out of which Rs. 55,000/- was payable to the respondent. In appeal the sentence awarded by the learned Trial Court was maintained, against which present revision petition has been filed.;