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2013 Supreme(MP) 1218

M.K.MUDGAL
Yashwant Singh – Appellant
Versus
Shailendra Singh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Shri Vinod Pathak, Advocate
For Respondents/Defendant:Shri Rishikesh Bohre, Advocate

ORDER

M.K. Mudgal, J.

1. The petitioner has filed this Criminal Revision under Section 397 of Code of Criminal Procedure against the judgment dated 31.10.2008 passed by the Court of I Additional Sessions Judge Guna in Cr. Appeal No. 353 of 2008 affirming the conviction in the judgment dated 6.9.2008 passed by the Court of Chief Judicial Magistrate Guna in Cr. Case No. 356 of 2007 convicting the accused under section 138 of Negotiable Instrument Act and sentencing him to undergo rigorous imprisonment for one year and awarding the compensation under Section 357(3) of the Cr.P.C. of Rs. 3,00,000/- and modifying the said compensation into Rs. 2,10,000/- as awarded by the trial Court, to be paid to the complainant with default stipulation mentioned in the impugned judgment. In brief, the facts of the case are that, a complaint under Section 138 of the Negotiable Instrument Act was filed by the respondent/complainant against the petitioner/accused regarding the cheque of Rs. 1,50,000/- Ex. P/3 of Gadha Cooperative Bank Branch Hatt Road Guna bearing No. 047813 given by him to the complainant which was returned by Madhya Bharat Gramin Bank Branch Cantt vide memo Ex. P/5 without payment on 10












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