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2015 Supreme(Gau) 1303

M.R.PATHAK
Techi Doya – Appellant
Versus
State of Arunachal Pradesh and another – Respondent


For the Petitioner:L. Tenzin, T. Tsom, L. Lollen and L. Tsering, Advocates.
For the Respondents:K. Tado, PP, T.T. Goyang, S. Dutta, R.B. Yadav and D. Boje, Advocates.

M.R. Pathak, J.:--

This application under Section 482 of the Code of Criminal Procedure (Cr.P.C., in short) read with Sections 483/397/401 Cr.P.C. and Article 227 of the Constitution of India has been preferred by the petitioner challenging the legality and validity of the Judgment & Order dated 25.05.2013 passed by learned Judicial Magistrate First Class (JMFC, in short), Itanagar Capital Complex in C. R. Case No.53 of 2011 under Section 138 of the Negotiable Instruments Act, 1881 (Taba Takam v. Techi Doya) convicting the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act, in short) read with Section 252 Cr.P.C. and sentencing him to undergo Simple Imprisonment for a period of 2 (two) years, directing him to pay L 26.46,000/-, twice the amount of the cheque as fine. By the said order, the petitioner was directed to pay twice the amount i.e. L 26,46,000/- to the complainant (as compensation) under Section 357(3) of the Cr.P.C. and to deposit L10,000/-, out of the fine amount, in the Government exchequer as Court expenses and further, to pay the said amount of fine & compensation before the said trial Court within a period of 30 days from the date of recei






































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