IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Rev.No.187 of 2010. Date of Decision: 09.03.2011. _______________________________________________ Mohinder Singh. ….Petitioner. Versus Chain Singh & Anr. ….Respondent. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting? No For the petitioner : Mr.M.L.Brakta, Advocate. For respondent No.1. : Mr.Rakesh Jaswal, Advocate. For respondent No.2 : Mr. P.K.Sharma, Addl. A.G. with Ms. Subh Mahajan, Dy.A.G. Dev Darshan Sud, J.(Oral). The petitioner challenges his conviction under Section 138 of the Negotiable Instruments Act. He has been sentenced to undergo three months’ rigorous imprisonment and to pay a sum of Rs. 80,000/-, representing Rs. 70,000/- as the amount of Negotiable Instrument and Rs.10,000/- as compensation. 2. The learned Trial Court on the evidence on record, concluded that the petitioner had issued the cheque subject matter of the complaint, for valuable consideration. This cheque was dishonored without any reasonable cause. The petitioner appealed. On the re-appreciation of the entire evidence, the learned Whether the reporters of the Local papers are allowed to see the judgment? Yes 2 Appellate Court held that cheque Ext. CW1/A issued by the petitioner but was dishonoured without any justifiable cause. 3. The petitioner challenges this order in revision. On the ground urged before me that the cheque was blank at the time when it was handed over to the respondent and that the amount etc. have been interpolated, I do not find any evidence on the record. Both the Courts have concurrently held on the evidence as produced that there was no justification for dishonouring the cheque. In revision jurisdiction, it is not open to this Court to re- appreciate the entire evidence again unless there is some perversity or the conclusion arrived at or not reasonable. In these circumstances, this revision petition is dismissed. 4. On the aspect of sentence, I find that the ends of justice will be served in case the sentence of imprisonment as imposed by the learned Trial Court and affirmed by the learned Appellate Court is set-aside to this extent that the petitioner herein shall pay the entire amount i.e. Rs.80,000/- to the respondent on or before 30th June, 2011. It is clarified that in case of non-payment of this amount by the petitioner, the sentence of imprisonment shall stand revived and the direction to the learned Trial Court to faithfully execute the sentence. No costs. (Dev Darshan Sud), Judge. March 9, 2011. (krt)