RAMENDRA JAIN, J.

1. This petition is directed against the judgment of conviction and order of sentence dated 23.12.2013 of the trial Court, whereby petitioner has been convicted under Section 406 IPC in case FIR No.117 dated 02.04.2008 registered under Sections 406, 420 and 201 IPC at Police Station Phase 1, Mohali, and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 300/-. In default of payment of fine to further undergo rigorous imprisonment for three days and the judgment dated 04.11.2016 of the First Appellate Court, affirming the judgment aforesaid of the trial Court.

2. According to prosecution, Gurbachan Singh, when did not succeed in his business of selling motor spare parts/car accessories at Mohali, sold out his goods to the petitioner on heavy discounted rates. Initially, petitioner paid some amount to the complainant, but later on Criminal Revision No.4305 of 2016 became dis-honest. Finally, an amount of Rs. 94,975/- was pending against the petitioner, which he did not pay and accordingly he was booked and challaned under Section 406 IPC.

3. The trial Court after holding trial, held the petitioner guilty under Section 406 IPC and