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2024 Supreme(UK) 125

RAVINDRA MAITHANI
Rajesh Gulati – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Aishwarya Thapliyal, learned counsel.

JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the following:-

    (i) Judgment and order dated 09.05.2022, passed in Case No. 209 of 2020, Lalit Mohan Vs. Rajesh Gulati, by the Court of Additional Chief Judicial Magistrate/1st Additional Civil Judge (Senior Division), Haridwar. By it, the revisionist has been convicted under Section 138 of the Negotiable Instruments Act, 1881 (“the Act”) and sentenced to undergo rigorous imprisonment for a period of three months with a fine of Rs.2,05,000/-. Out of the amount of the fine, the complainant shall get an amount of Rs. 2,00,000/-; and

(ii) Judgment and order dated 10.01.2024, passed in Criminal Appeal No. 82 of 2022, Rajesh Gulati Vs. State and another, by the court of 5th Additional Sessions Judge, Haridwar, District Haridwar (“the appeal”). By it, the appeal filed by the revisionist has been dismissed and the order passed in the case has been affirmed.

2. Heard learned counsel for the parties and perused the record.

3. Instant revision has been admitted to the extent of examining the correctness of sentence. Notices were issued on respondent no.2, the complainant, but he is not represented. Service is sufficient on

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