Mahesh Chandra Sharma, J. - (1.) This revision petition has been filed by the petitioners against the judgment/ order dated 5.7.2010 passed by Addl. Sessions Judge No. 3, Ajmer in Cr. Appeal No. 4/ 2007, whereby he partly allowed the appeal filed by the petitioners and while maintaining the conviction of the petitioners for the offence under Section 138 of NI Act, as awarded by the Trial court vide judgment dated 14.9.2005 passed in Cr. Case No. 66/2001, reduced his sentence from 6 months' SI to 1 month's SI with a fine of Rs.2000/-; in default of payment of fine, to further undergo 1 month's SI.
(2.) Brief facts of the case are that the complainant filed a Cr. complaint against the accused person(s) under section 138 of NI Act in the Court of Magistrate. The trial court took cognisance of offence u/S. 138 of NI Act and summoned, the accused person(s). The substance of accusation was read over to the accused person(s), who denied for the same and claimed for trial. From the complainant side evidence was produced. Thereafter the statement of the accused person(s) were recorded u/S. 313, Cr. P. C. After conclusion of trial, the learned Magistrate vide judgment and order dated 14.9.2005 convicted for the accused person(s) for the offence under Section 138 of NI Act and sentenced him/them to undergo 6 months' SI with a fine of Rs.2000/-; in default of payment of fine, to further undergo 1 month's SI. Against the said judgment, the accused person(s) filed by the appeal, but the appellate court vide judgment and order dated 5.7.2010 partly allowed the appeal and while maintaining the conviction of the accused person(s) modified the sentence, as indicated here-in-above.
(3.) Against the said judgment, this revision petition has been filed by the accused petitioner.;