JUDGMENT :

Sanjeev Kumar, J.

CRM(M) No.22/2020

1. By this petition filed under Section 482 Cr.P.C, the petitioner seeks setting aside of order dated 24.01.2020 passed by the Special Mobile Magistrate (Sub-Judge), Srinagar (hereafter referred to as the ‘trial Court’) in a complaint bearing No. 29/2019 titled “Yasir Amin Khan vs. Abdul Rashid Ganie filed under Section 138 of Negotiable Instruments Act, 1881 [‘N.I Act’] whereby on the basis of statement made by the respondent-accused under Section 242 Cr.P.C (251 Central Act), he has been convicted and punished with simple imprisonment for a term of six months and in addition, he has been held liable to pay compensation of Rs.2.00 lac to the petitioner.

2. The petitioner is not aggrieved by the impugned order insofar as it convicts respondent-accused for commission of offence under Section 138 of N.I. Act and imposes punishment of simple imprisonment for a term of six months. However, his grievance is that the respondent-accused should have also been awarded fine sufficient enough to meet the liability of the cheque issued by him which later on was dishonoured. It is, thus, submitted that payment of compensation of Rs.2.00 lac, to be p