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2023 Supreme(MP) 194

DINESH KUMAR PALIWAL
Surendra Agrawal – Appellant
Versus
Sher Nagrik Sakh Sahkari Maryadit, Jabalpur – Respondent


Advocates:
Samdarshi Tiwari for applicant; Manish Kumar Tiwari for respondent.

ORDER

1. This revision petition under section 397/401 of Cr.P.C. has been filed challenging the appeal judgment dated 14.6.2022 (Annexure-A/2) passed by XXI Sessions Judge, Jabalpur in Criminal Appeal No.328/2019 (Surendra Agrawal v. Sher Nagrik Sakh Sahkari Samiti Maryadit, Jabalpur) whereby learned appellate Court has partly affirmed the judgment of conviction under section 138 of Negotiable Instruments Act, 1881 passed in Criminal Complaint No. SC NIA-20310/2013 (Sher Nagrik Sakh Sahkari Samiti Maryadit, Jabalpur v. Surendra Agrawal), but has reduced the sentence by modifying it from one year R.I. (as awarded by learned J.M.F.C.) to a period of 30 days R.I., but has affirmed the order of grant of compensation under section 357(3) of Cr.P.C.

2. As per the prosecution story, applicant/accused had taken loan form respondent / complainant but he did not repay the loan. On 28.2.2013, an amount of Rs.6,34,585/- alongwith interest was to be paid by the applicant/accused to the Bank and for the same, notice was issued to him against pending dues. Applicant/accused had issued cheque No.-042501 dated 6.3.2013 for an amount of Rs.6,34,585/-. When cheque was presented in the Bank,

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