- (1.) The present criminal revision petition is directed against the judgment dated 23.11.2009 passed by learned Additional Sessions Judge, Narnaul thereby dismissing the appeal of the petitioner against the judgment dated 21.11.2008, passed by the learned Chief Judicial Magistrate, Narnaul.
(2.) Shorn of detailed background of the case, it would suffice to refer to the basic facts relevant for disposal of the present case. A complaint under Section 138 of Negotiable Instruments Act, 1881 (for short 'the Act'), was filed by the petitioner against the respondents. After conclusion of the trial, the accused was held guilty for the offence punishable under Section 138 of the Act and was convicted thereunder, accordingly.
(3.) It is pertinent to note here that the accused had confessed his guilt. Thereafter, it is an admitted position on record that the accused paid the cheque amount, which was accepted by the complainantpetitioner. In this view of the matter, the learned trial Court ordered the release of the accused on probation. However, accused was burdened with costs of Rs.5,000/-. It was further ordered that on having been realised, the costs of Rs.5,000/- shall be paid to the complainant. Dissatisfied with the order dated 21.11.2008 releasing the respondent on probation, petitioner filed his appeal before the learned Sessions Court, Narnaul, which came to be dismissed by the learned Additional Sessions Judge, Narnaul, vide impugned judgment dated 23.11.2009.;