ORDER

1. This Order shall also govern disposal of CRR No.706 of 2009 preferred by Rakesh Kumar Tyagi (hereinafter referred to as ''complainant'') u/S 397/401 of CrPC for enhancement of sentence awarded to Raghvendra Singh Tomar (hereinafter referred to as ''accused'') whereby the Court of JMFC, Jaura, District Morena in Criminal Case No.135 of 2007 vide judgment dated 27-08-2008 convicted accused for offence u/S 138 of Negotiable Instruments Act [ in short '' the NI Act''] and sentenced him to undergo one year rigorous imprisonment with fine of Rs.6 lac which has been affirmed by Additional Sessions Judge (Fast Track Court), Jaura, District Morena in Criminal Appeal No.151 of 2008 vide judgment dated 29-06-2009 maintaining the conviction of accused under Section 138 of the NI Act, sentenced him to remain under custody till rising of Court with fine of Rs.6 lac out of which Rs.5,75,000/- was directed to be given to complainant.

2. Similarly, CRR No.598 of 2009 has been preferred preferred by accused under Section 397/401 of CrPC challenging the judgment of his conviction and order of sentence passed by Trial Court as well as affirmed by lower appellate Court for offence under Section