ORDER :

Instant Criminal Revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment, dated 25.11.2019, passed by learned Additional Sessions Judge-II, Mandi, H.P., in Cr. Appeal No.24/2018, affirming judgment of conviction and order of sentence, dated 23.07.2018 & 25.07.2018, passed by learned Additional Chief Judicial Magistrate, Court No.1, Mandi, H.P. in case N.I. Act No.215-III/18/16, titled as Punjab & Sindh Bank vs. Pawan Kumar, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for three months and to pay compensation to the tune of Rs. 70,000/- to the complainant.

2. Briefly stated facts, as emerge from the record are that respondent/complainant/bank (hereinafter referred to as 'complainant') instituted a complaint under Section 138 of the Act in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Mandi, H.P., stating therein that a Cash Credit Limit of Rs.65,000/- was granted to the accused on 28.09.2015 and he was to repay the amount along with simple interest at monthly rests. Since, allegedly, accused was found irregular in operating the said Cash Credit Limit during process of regularization of his account, he issued cheque bearing No.225723, dated 18.07.2016, amounting to Rs.68300/-, drawn at State Bank of Patiala, Branch Bhiuli, Mandi Town, District Mandi, H.P. However, fact remains that on presentation of aforesaid cheque, the same was dishonoured on account of 'funds insufficient' in the bank account of the accused. After having received memo dated 18.07.2016, from the bank concerned, complainant issued legal notice dated 09.08.2016, calling upon the accused to make the payment good within a period of 15 days from the date of receipt of legal notice. Since, accused failed to repay the amount within the time stipulated in legal notice, complainant instituted the proceedings under Section 138 of the Act in the competent court of law. Learned Additional Chief Judicial Magistrate, Mandi, on the basis of pleadings as well as evidence adduced on record by respective parties, held accused guilty of having committed offence punishable under Section 138 of the Act and accordingly, convicted and sentenced him, as per description given hereinabove. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence, accused preferred an appeal in the Court of learned Additional Sessions Judge-II, Mandi, which was came to be dismissed vide judgment dated 25.11.2019. In the aforesaid background, accused has approached this Court in the instant criminal revision, praying therein for his acquittal after setting aside the judgment of conviction and order of sentence, recorded by court below.

3. Vide order dated 03.01.2020, this Court while suspending the substantive sentence imposed by court below, directed the accused to deposit 50% of compensation amount and furnish personal bonds in the sum of Rs.25,000/-, within a period of six weeks. However, fact remains that aforesaid order was not complied with and as such, vide order dated 24.07.2021, this Court while granting last opportunity to accused to do the needful, in terms of order dated 03.01.2020, categorically observed in the order that in case needful is not done within the time stipulated by this Court, interim protection granted vide order dated 03.01.2020, shall come to an end and complainant would be at liberty to get the judgment of trial Court executed, in accordance with law. Since, despite repeated opportunities, accused has failed to deposit the amount, this Court has no option, at this stage, but to decide the petition on its own merits.

4. Having heard learned counsel representing the parties and perused the pleadings as well as evidence adduced on record by respective parties,