SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(J&K) 379

SANJAY DHAR
Mohd. Rafiq Wani – Appellant
Versus
Gh. Nabi Khan – Respondent


Advocates Appeared:
For the Petitioner: F.A. Wani.
For the Respondent: T.M. Shamsi.

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

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top