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2021 Supreme(All) 463

CHANDRA DHARI SINGH
Rishi Mohan Srivastava – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Naved Ali, Sandeep Yadav.
For the Opposite Party : G.A., Pawan Bhaskar.

JUDGMENT :

1. The instant petition under section 482 Cr. P.C. has been filed with the prayer to compound the offence committed by the petitioner under section 138 of the Negotiable Instrument Act, 1981 in Complaint Case No. 515 of 2016 (Abhay Singh vs. Jai Construction Co. and another) and further to quash the sentence of one year awarded to the petitioner.

2. The facts of the case, in brief, are that the petitioner and opposite party no.2 had a business relationship and during the course of business, the petitioner had issued two cheques each of Rs.1,00,000/-(One Lakh) in favour of opposite party no.2 and when he had deposited, the cheques were bounced due to insufficient fund. The opposite party no.2 filed a complaint case bearing no.515 of 2016 (Abhay Singh vs. Jai Construction Co. and another) under section 138 of the Negotiable Instrument Act (for short 'N.I. Act'). After the completion of the trial, the court has convicted the petitioner and sentenced him one year simple imprisonment and fine of Rs.3,00,000/-(Rupees three lakhs) vide judgment and order dated 27.11.2019. Being aggrieved the petitioner had preferred a Criminal Appeal No.01 of 2020 before the Additional Sessions J

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