IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Rev. No. 59 of 2004. Date of Decision: 13.9.2010. _______________________________________________ Kuljit Singh . ….Petitioner. Versus. Shiv Lal and others . ….Respondents. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1?. For the petitioner :Mr.Rahul Mahajan, Advocate For Respondent-1. Mr.N.K.Thakur, Advocate. For Respondent-State Mr.Ankush Dass Sood, Addl. Advocate General with Ms.Shubh Mahajan, Dy. Advocate General. : Dev Darshan Sud, J.(Oral). The petitioner is aggrieved by the judgment and sentence of the courts below convicting him for offences under Section 138 of the Negotiable Instrument Act, imposing a compensation of Rs.60,000/- which represents the three cheques of Rs.20,000/- each subject matter of the petition, in default to undergo simple imprisonment for six months. It is undisputed before me that the fine has since been deposited in the Court of Chief Judicial Magistrate, Una on 19.9.2002. 2. In order to prove his case, the respondent produced two witnesses, namely, CW1 Naresh Kumar, Clerk- Whether reporters of the Local papers are allowed to see the judgment?. 2 cum-Cashier and CW2 Joginder Lal complainant himself appeared as a witness. He is since dead. 3 Adverting to the evidence, there is no cross- examination of CW1 at all who has proved on record three cheques Ext. CW1/A to CW1/C, the notice of dishonour Ext. CW1/G and the account Ext.CW1/K. The complainant proves Ext.CW1/E which is a notice sent by him through his Advocate. 4. Learned counsel appearing for the petitioner urges that there is no documentary evidence in writing evidencing that the amount had, in fact, been loaned to the respondent herein. I do not find on the evidence on record that the petitioner has been able to establish his case more especially when there is no effective cross-examination either of the Bank Officer or of the respondent-claimant herein. 5. In these circumstances, I do not find any perversity in the evidence of the Courts below. Considering that the petitioner has deposited the entire amount herein, this petition is disposed of with this modification that the sentence of imprisonment shall not be imposed upon him. The amount deposited in the Court of Chief Judicial Magistrate, Una shall be released to the heirs of deceased respondent- Joginder Lal by the learned Chief Judicial Magistrate after they furnish proof of inheritance. The petition is disposed of. No order as to costs. (Dev Darshan Sud), Judge. September 13,2010(R) 3