IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Rev. No.39 of 2011. Date of Decision:18.3.2011. _______________________________________________ Suraj Mani ….Petitioner. Versus. Gian Chand. ….Respondent. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1?. For the appellants :Mr. G.R.Palsra, Advocate. For Respondent-2. :Mr.P.K.Sharma, Addl. Advocate General with Ms. Shubh Mahajan, Dy. Advocate General. Dev Darshan Sud, J.(Oral). This revision petition has been instituted by the petitioner against the judgment and sentence imposed by the learned Addl. Sessions Judge, Mandi, affirming the judgment and sentence passed by the learned trial Court holding the petitioner guilty for offences under Section 138 of the Negotiable Instruments Act. The learned trial Court, proceeded to award a sum of ` 92,000/- representing ` 75,000/- as the amount of the Negotiable Instruments and ` 17,000/- as compensation. In addition, the petitioner was sentenced to three months simple imprisonment. Whether reporters of the Local papers are allowed to see the judgment. 2 It is indeed fortunate that three courts should have been called to adjudicate on the allegations made by the petitioner herein on defences which were otherwise found to be un-worthy of trial. A period of more than 3 /4 years elapsed and the matter could have been sorted out in case the petitioner had paid the amount representing in the Negotiable Instrument. I have gone through the judgments of two courts below and I do not find any perversity in the appreciation of evidence or in the conclusion arrived at. The revision petition is accordingly dismissed with this modification that if the petitioner deposits the entire awarded amount i.e. Rs.92,000/- in the court of learned Judicial Magistrate, Ist Class, Court No. II, Mandi, within a period of two months from today, the sentence of imprisonment shall not be executed. On such deposit being made, the amount shall be paid to the respondent. It is clarified that if the amount is not paid during this period, the sentence of imprisonment shall revive. (Dev Darshan Sud), Judge. March 18, 2011(R) 3