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2019 Supreme(Pat) 2076

VINOD KUMAR SINHA
Bipin Kumar Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ramesh Kumar Choudhary.
For the State : Mr. Anil Kumar.
For the O.P. No.2 : Mr. Sameer Ranjan.

Vinod Kumar Sinha, J. – As L.C.R. has been received, this application is being disposed of at the admission stage itself after hearing the parties.

2. This revision application is directed against the order dated 24.2.2016 passed by learned Additional Sessions Judge-III, Vaishali at Hajipur in Criminal Appeal No. 13 of 2014 by which he has dismissed the appeal filed by the petitioner and confirmed the judgment and order dated 7.4.2014 passed by Sri Ravi Kumar, learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in Complaint Case No. 552 of 2010/Tr.No. 1627 of 2014 convicting the petitioner and awarding a fine of Rs.1,35,622 holding the petitioner guilty under Section 138 of the Negotiable Instrument Act (hereinafter to be referred as ‘N.I. Act’) with modification to the extent, converting the fine as compensation under Section 357(3) of the Criminal Procedure Code (hereinafter to be referred as ‘the Code’).

3. The fact giving rise in this application, in short, is that the complainant-respondent-opposite party No.2 has filed a complaint case bearing No. C-552 of 2010 before the learned Chief Judicial Magistrate, Vaishali at Hajipur alleging, inter alia, that complainant and p

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