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2016 Supreme(Raj) 1456

PRASHANT KUMAR AGARWAL
Lal Mohammad S/o Shri Mohammad Ibrahim Fakeer – Appellant
Versus
Shushil Kumar S/o Shri Ghirdhari Lal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Deepak Soni, Advocate.
For the State : Mr. Anil Yadav, P. P.
For the Respondent:Mr. Hem Singh Rathore, Advocate.

ORDER :

Prashant Kumar Agarwal, J.

Heard learned counsel for the parties.

2. The accused-petitioner has filed this revision petition under Section 397 readwith Section 401 Cr.P.C. against the judgment and order dated 22.8.2016 passed by the Sessions Judge, Jhunjhunu in Criminal Appeal No.49/2015 whereby the learned Appellate Court by dismissing the appeal filed by the petitioner under Section 374 Cr.P.C. affirmed and upheld the judgment and order dated 24.4.2015 passed by the Chief Judicial Magistrate, Jhunjhunu in Criminal Case No.496/2012 whereby the learned trial Court convicted the petitioner for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for three months and also imposed fine of Rs.1,27,000/-. It was further directed that if the fine is deposited by the petitioner an amount of Rs.1,25,000/- would be paid to the respondent-complainant as compensation. It was also directed that in default of payment of fine, petitioner will further suffer simple imprisonment for 15 days.

3. Brief relevant facts for the disposal of this petition are that complaint for the offence under Section 138 of N.I. Act was filed by the res








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