Praveen Kumar Agarwal vs State Of U.P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 73

IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manjive Shukla,J.
Praveen Kumar Agarwal – Appellant
Versus
State Of U.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Padmaker Pandey
For the Respondent: G.A.

JUDGMENT :

Manjive Shukla, J.

1. Heard Sri Prakash Naik, learned Senior Advocate, assisted by Sri Tapan Thattey and Sri Padmaker Pandey, learned counsels appearing for the revisionist, Sri Brajendra Pratap Singh, learned Additional Government Advocate appearing for the State and Sri Sushil Kumar Shukla and Sri R.K. Singh Chandel, learned counsels appearing for Opposite Party No. 2.

2. The instant revision has been filed under Section 397 Cr.P.C . read with Section 401 Cr.P.C . challenging therein, the judgment and order dated 21.8.2024 passed by the learned Sessions Judge in Criminal Appeal No.105 of 2022 and Criminal Appeal No.177 of 2022 whereby, the appeal filed by the revisionist i.e. Criminal Appeal No.105 of 2022 had been dismissed due to absence of the appellant before the appellate court and Criminal Appeal No.177 of 2022 had been allowed and the fine imposed by the trial court vide order dated 26.8.2022 had been enhanced from Rs.32,31,50,000/- to Rs.64,63,00,000/-.

Brief facts of the case

3. The Opposite Party No.2 filed a complaint case, alleging therein that the revisionist had committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter