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2023 Supreme(MP) 595

DEEPAK KUMAR AGARWAL
Bhagwat Prasad Parashar – Appellant
Versus
Ajendra Bais – Respondent


Advocates Appeared:
Ms. Sangeeta Pachori, for the Appellant; Ms. Somya Chaturvedi, Shri G.P. Chaurasiya, for the Respondent.

JUDGMENT

1. This criminal revision petition has been filed by the petitioner challenging the judgment of conviction and order of sentence dated 29.11.2018 passed by learend Judicial Magistrate First Class Guna, in Criminal Case No.901/2015, whereby the accused-petitioner was convicted and sentenced under Section 138 of the Negotiable Instruments Act and to undergo rigorous imprisonment for a period of six months and to pay compensation of 12 lacs and also challenging the judgment dated 29.10.2022 passed by Fifth Additional Sessions Judge Guna, vide which appeal filed by petitioner against the judgments dated 29.11.2018 was dismissed.

2. As per the facts of the case, respondent No.1/complainant had entered into an agreement to sale of land piece bearing survey Number Patwari Halka number 1209/1B total land 19575 sq. ft. with the petitioner and his business partner Chandra Bhan Raghuvanshi wife Hemlata Raghuvanshi. Agreement to sale of land was executed into two parts and consideration of sale was not given in cash by the petitioner and issued a cheque of Rs. 35,60,000/- dated 22.03.2013 of the Punjab National Bank. The petitioner/accused had taken back the said cheque and made cash pa

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