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2016 Supreme(UK) 57

K.M.JOSEPH, V.K.BIST
Joginder Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Arvind Vashisth, Senior Advocate assisted by Mr. Gaurav Singh, Advocate.
For the State of Uttarakhand :Mr. A.S. Gill, Deputy Advocate General with Mr. H.S. Rawal, Assistant Government Advocate.

JUDGMENT :

K.M. Joseph, J.

1. This is a writ petition seeking a writ of habeas corpus commanding the respondents to produce the body of the petitioner in the Court and to set him at liberty.


2. The brief facts leading to filing of this petition appear to be as follows:-

Three separate cases were lodged against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) by three different persons. Petitioner was convicted under Section 138 of the Act and was directed to undergo rigorous imprisonment for a period of one year along with fine of Rs. 5000/-. In default of payment of fine, the petitioner was directed to further undergo simple imprisonment for three months. Three different amounts were directed to be paid by the petitioner as compensation also in all the three cases. In total, a sum of Rs. 49,10,000/- was directed to be paid. The Appeals filed by the petitioner before the Additional Sessions Judge, Roorkee were successful and the petitioner was acquitted. Three different Criminal Appeals were filed before this Court by the complainants. Learned Single Judge of this Court allowed the Appeals, set aside the order of acquittal






















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