NIZAMUDDIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, moved under Article 226 of The Constitution of India, petitioner has sought the following reliefs:-

(2.) Facts leading to filing of the present writ petition are that the respondent no.4 filed a complaint against the petitioner under Section 138 of Negotiable Instruments Act, 1881 (for short, the Act) which was registered as criminal case no. 194/2018 Jagmohan Singh Rawat vs. Nizamuddin. The trial court, after hearing the parties and perusal of evidence, dismissed the complaint case vide its judgment and order dated 09.10.2018. Being aggrieved by the said judgment, the complainant/respondent no.4 preferred a criminal revision being CRLR No.427 of 2019 before this Court. A Coordinate Bench of this Court, vide order dated 16.08.2019, dismissed the revision being not maintainable with liberty to the complainant/respondent no.4 to prefer an appeal before the Competent Court. For convenience, order dated 16.08.2019 is reproduced hereinbelow:-

(3.) Thereafter, the complainant/respondent no.4 preferred an appeal being Criminal Appeal No.22of 2019 before the Sessions Judge, Rudraprayag, under section 378 read with Section 372 of CrPC. After hearing the learned counsel for the parties and upon perusal of the evidence, learned Sessions Judge, vide judgment and order dated 18.12.2019, allowed the complainant's appeal and set aside the judgment and order dated 09.10.2018 passed by the trial court and consequently convicted the petitioner under Section 138 of the N.I. Act and sentenced him to simple imprisonment for a term of two years along with a fine of Rs. 22.50 Lacs. Feeling aggrieved by the judgment and order dated 18.12.2019 passed by the appellate court, the accused/ petitioner preferred a criminal revision being numbered as Criminal Revision no.776 of 2019 before this Court. A Coordinate Bench of this Court, vide its order dated 20.12.2019, admitted the revision and granted bail to the petitioner on the condition that the revisionist shall deposit a sum of Rs.8 lacs before the Magistrate concerned within a period of six weeks from the date of receipt of the certified copy of this order. Pursuant thereto, petitioner was released on bail.