IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Rev. No. 141 of 2010. Date of Decision: 29.9.2010. _______________________________________________ Lal Chand. ….petitioner. Versus. Hari Ram. ….Respondent. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1? No. For the petitioner. :Mr.Naveen Bhardwaj, Advocate. For Respondent. :Mr.Ajay Mohan Goel, Advocate. Dev Darshan Sud, J.(Oral). Complainant has been convicted under Section 138 of the Negotiable Instruments Act by the learned trial Court which sentence has been affirmed by the learned appellate Court after assessment of the entire evidence on record. The learned trial Court, on the evidence holds that the petitioner had issued a cheque for Rs.70,000/- payable at the State Bank of Patiala, Patlikuhal Branch, Manali for consideration which cheque was dishonoured without any justifiable cause. The finding has been affirmed by the Whether reporters of the Local papers are allowed to see the judgment?yes . 2 learned appellate Court after detailed examination of the evidence produced on record. The learned trial Court proceeded to sentence the petitioner herein for simple imprisonment for a period of six months and awarded compensation of Rs. 1,00,000/- to the respondent. I have heard learned counsel for the parties and gone through the record. I am unable to persuade myself that the grounds urged in the revision petition constitute(s) a valid ground or negating the criminality of the petitioner more especially when the evidence has been considered in detail by the two courts below. I do not find any perversity in the evidence on record. In these circumstances, this revision petition is dismissed with this modification that the sentence of imprisonment is set aside subject to the condition that the petitioner shall deposit a sum of Rs.1,00,000/- before the learned trial Court within a period of five months from today. On such deposit being made, this amount shall be released to the respondent herein. It is clarified that in case the amount is not deposited, the sentence of imprisonment shall revive. The petition is disposed of. (Dev Darshan Sud), Judge. September 29, 2010(R) 3