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2021 Supreme(All) 1553

VIVEK VARMA
Iqrar Ahmad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ishwar Chandra Tyagi, Anmol Kumar Dubey.

JUDGMENT :

Vivek Varma, J.

1. This revision has been filed against the judgment and order dated 9.12.2020 passed by Additional District and Sessions Judge/Special Judge (SC/ST Act), Amroha/J.P. Nagar in Criminal Appeal No. 18 of 2018 (Iqrar Ahmad v. State of U.P.), whereby the judgment and sentence dated 6.7.2018 passed by Judicial Magistrate, Hasanpur Amroha/J.P. Nagar has been confirmed.

2. The revisionist/applicant has been convicted under section 138 of Negotiable Instruments Act and awarded sentence to undergo simple imprisonment of three months and also to pay a fine of Rs. 1,35,000/-, in default, to suffer further simple imprisonment for three months.

3. In brief, the proceedings under section 138 of the Negotiable Instruments Act were initiated against the revisionist with the allegation that cheque No. 77163 dated 10.1.2012 for a sum of Rs. 1,35,000/- issued by the revisionist was dishonoured on account of insufficient funds. The opposite party No. 2 filed a complaint case before the Judicial Magistrate, Hasanpur Amroha/J.P. Nagar, under section 138 of the Negotiable Instruments Act. The proceedings of the case, ultimately resulted in order of conviction. Against the order of

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