Advocates:
['MAHESH CHAND GUPTA', 'P P', '', 'YASHPAL SINGH JHALA']

1

In the High Court of Judicature for Rajasthan

at Jaipur Bench Jaipur

Judgment

S.B.Cr. Revision Petition No.1340/2012

Shyam Prakash Agarwal

vs

Ramesh Kumar Gupta amd anr.

Date of order- 1.7.2013

Present

Hon'ble Mrs Justice Nisha Gupta

Mr.Mahesh Chand Gupta for petitioner

Mr. Yashpal Jhala for accused respondent

This Criminal Revision Petition under

section 397 read with section 401 of Cr.P.C

has been filed against the order dated

27.11.2012 passed by the Addl. District and

Sessions Judge, No.9, Jaipur Metropolitan in

Cr. Appeal no. 15/2012 whereby the appellate

court had set aside the order of Addl. Chief

Metropolitan

Magistrate

No.12,Jaipur

Metropolitan City in complaint case

no.849/2012 convicting the accused respondent

and the matter has been remitted for re-

consideration.

The brief facts of the case are that the

complainant petitioner filed a complaint

against the accused respondent under section

2

138 of the Negotiable Instrument Act. After

trial of the complaint the accused respondent

has been convicted under section 138 of the

N.I Act and was sentenced to undergo two

years simple imprisonment and a fine of Rs.

2,59,000/-. The acc