SANJAY DHAR
Mohd. Rafiq Wani – Appellant
Versus
Gh. Nabi Khan – Respondent
JUDGMENT :
1. The petitioner has challenged the judgment dated 21.06.2017 passed by learned Judicial Magistrate 1st Class (Forest Magistrate), Srinagar, as also the judgment dated 20.03.2019 passed by the Appellate Court i.e., Court of 2nd Additional Sessions Judge, Srinagar, whereby judgment of the learned Magistrate has been upheld.
2. Vide the impugned judgment passed by the learned Magistrate in a complaint filed by respondent against the petitioner under section 138 of Negotiable Instruments Act, the petitioner has been convicted of the aforesaid offence and sentenced to undergo a simple imprisonment of one year and to pay fine of Rs. 13.00 lacs, in default whereof the petitioner has been directed to undergo further simple imprisonment of five months. The Appellate Court, while upholding the finding of conviction passed by the learned Magistrate, has reduced the sentence of imprisonment awarded against the petitioner from one year to six months. The sentence of fine has been kept in-tact.
3. Before coming to the grounds of challenge, it would be apt to briefly state the allegations contained in the complaint filed by the respondent.
4. In the complaint it was alleged by the respon
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.