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2021 Supreme(All) 1130

SYED AFTAB HUSAIN RIZVI
Firoz – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rakesh Kumar Verma
For the Respondent: Mukesh Joshi

JUDGMENT :

1. Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent.

2. This Criminal Revision has been filed against the impugned judgment and order dated 27.10.2021 passed by learned Additional Sessions Judge, Court No.10, Moradabad in Criminal Appeal No.31 of 2021 (Firoz Vs. Mohd. Irfan & Others) arising out of Case No.7723 of 2017 (Ifran Vs. Firoz) under Section 138 of N.I. Act, Police Station-Kanth, District-Moradabad. By the impugned judgment and order, learned Appellate Court has dismissed the appeal and has also cancelled the bail granted to appellant-accused during the pendency of appeal.

3. In brief the facts of the case are that on the complaint of opposite party no.2 revisionist(accused) was tried under Section 138 of N.I. Act in complaint case no.7723 of 2017 (Ifran Vs. Firoz). After conclusion of the trial revisionist(accused) was held guilty for charge under Section 138 of N.I. Act and convicted and sentenced to two years simple imprisonment and fine of Rs.1,30,000/-vide judgment and order dated 24.03.2021. It was also directed that out of the fine, complainant will be entitled to receive Rs.1,25,000/-as compensation and remaining Rs.5,00

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