AMIT CHUFAL Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Kunwar Nripendra Singh Rautela, Advocate, with Mr. Siddhartha Sah, Advocate, for the revisionist, and Mr. P.S. Saun, learned Deputy Advocate General, for the State of Uttarakhand.

(2.) A complaint was filed by the respondent no.2 against the revisionist under Sec. 138 of Negotiable Instruments Act, before the Special Judicial Magistrate, Haldwani being Criminal Case No.1379 of 2013 (M/s Shriram Transport Finance Company Ltd. Vs. Amit Chufal) . After trial, the revisionist was convicted vide judgment and order dated 31.10.2013, passed by the Special Judicial Magistrate, Haldwani and sentenced to undergo two years simple imprisonment with a fine of Rs. 15,30,000.00, with default stipulation. It was further directed that out of the amount of fine, Rs. 15,25,000.00 shall be given to the complainant as compensation and rest will be deposited in the State treasury. Thereafter, the revisionist filed an appeal being Criminal Appeal No.213 of 2013 (Amit Chufal Vs. State of Uttarakhand & another) , which was also dismissed vide judgment and order dated 26.05.2015 by the 1st Additional Sessions Judge, Haldwani, District Nainital and the conviction was upheld. Hence, this revision before this Court.

(3.) During the appeal the revisionist was on bail. While dismissing the appeal, his bail bonds were cancelled and sureties were discharged. However, the revisionist did not surrender before the court below, therefore, this Court vide order dated 02.07.2015 directed the revisionist to surrender before the Chief Judicial Magistrate, Nainital.