IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Rev. No. 157 of 2010. Date of Decision: 29.9.2010. _______________________________________________ Shankar Singh. ….petitioner. Versus. Pursottam Chand. ….Respondent. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1? No. For the petitioner. :Mr.Ajay Kumar, Advocate. For Respondent. : None. Dev Darshan Sud, J.(Oral). The petitioner is aggrieved by the concurrent findings of the two courts below holding him guilty for offence under Section 138 of the Negotiable Instrument Act. On the evidence on record, the learned trial Court concluded that the petitioner had issued cheque for Rs.1,00,000/-payable on the H.P. State Cooperative Bank Ltd. Swarghat for consideration. The learned Court sentenced him to simple imprisonment for a period of six months and imposed a fine of Rs.1,55,000/- out of which Rs.1,50,000/- was awarded as compensation to the respondent. Whether reporters of the Local papers are allowed to see the judgment? yes. 2 I have heard learned counsel for the parties and gone through the record. I am not persuaded to hold that the petitioner is not guilty for the offences under Section 138 of the Negotiable Instrument Act as pleaded. The evidence before the trial Court has been assessed in detail by the learned Sessions Judge, who by a detailed judgment has rejected the contention(s) raised on behalf of the petitioner. I do not find any perversity in the appreciation of the evidence on record. This petition is accordingly dismissed. On the quantum of sentence, it is directed that the sentence of imprisonment is set aside subject to the condition that the petitioner shall deposit a sum of Rs. 1,55,000/- within a period of six months from today in the trial Court. On such deposit being made, the amount shall be released in favour of the complainant by that Court. It is further directed 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)