IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO. No. 158 of 2010. Date of Decision: 29.9.2010. _______________________________________________ Balwant Dutt. ….petitioner. Versus. Bihari Lal. ….Respondent. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1? No. For the petitioner. :Mr.B.N.Mehta, Advocate. For Respondent. :Mr.G.R.Palsra, Advocate. Dev Darshan Sud, J.(Oral). The petitioner is aggrieved by the concurrent findings of the two courts below convicting him for offences under Section 138 of the Negotiable Instrument Act. The learned Additional Chief Judicial Magistrate, on the evidence on record, concluded that the petitioner had issued a cheque amounting to Rs. 80,000/- on 18.9.2007 for lawful consideration payable at Punjab National Bank, Branch Moti Bazar, Mandi which cheque was dishonoured. Accordingly, the court proceeded to convict the petitioner and imposed sentence of six months simple imprisonment and further to pay compensation to the extent of Rs.30,000/- for loss and damages. Whether reporters of the Local papers are allowed to see the judgment? yes. I have heard learned counsel for the parties and gone through the record. I am not persuaded to hold that the cheque in question was issued without consideration and that the petitioner is not guilty of the offences as alleged and on the grounds as raised in this petition. Taking into consideration the totality of the facts and circumstances of the case, this petition is disposed of with direction that the petitioner herein shall pay a sum of Rs.90,000/- to the respondent within a period of four months from today. This amount includes Rs.80,000/- for the Negotiable Instrument and Rs.10,000/- as compensation. The amount shall be deposited in the trial court which, on receipt of the amount shall release the same in favour of the respondent. The sentence of imprisonment is set aside. The petition is disposed of. It is clarified that in case of non payment of the amount, the sentence of imprisonment shall revive. All the miscellaneous applications are also disposed of. (Dev Darshan Sud), Judge. September 29, 2010(R)