JUDGMENT :

Sandeep Sharma, J.

Instant criminal revision petition filed under Section 397 of Cr.PC read with Section 401 Cr.PC, lays challenge to judgment dated 20.8.2019, passed by the learned Sessions Judge-cum-Special Judge (CBI) Shimla, District Shimla, H.P., in Criminal Appeal No. 29-T/10 of 2017, affirming the judgment of conviction and order of sentence dated 5.7.2017/4.9.2017, in criminal Case No. 253-3 of 2012, passed by the learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of two months and pay compensation to the tune of Rs. 5,80,000/- to the complainant.

2. Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Section 138 of the Act before the learned Additional Chief Judicial Magistrate, Theog, stating therein that accused with a view to discharge his liability, issued cheque bearing No. 967431 dated 7.8.2012 (Ext.C-1) amounting to