MAHANT YOGI LAXMI Vs. GYANENDRA SINGH BISHT

JUDGEMENT

(1.) The present Criminal Revision No. 322 of 2025 has been filed by Mahant Yogi Laxmi, Revisionist, assailing the judgment and order dtd. 27/5/2025 passed by the learned Sessions Judge, Uttarkashi, in Criminal Appeal No. 21 of 2023 (Mahant Yogi Laxmi v. Gyanendra Singh Bisht), whereby the appeal filed by the Revisionist was dismissed and the judgment and order dtd. 22/5/2023 passed by the Judicial Magistrate, First Class, Barkot/Purola, District Uttarkashi in Complaint Case No. 01 of 2020 was affirmed.

(2.) By the said order, the Revisionist was convicted under Sec. 138 of the Negotiable Instruments Act, 1881, and sentenced to one year's simple imprisonment and to pay a fine of Rs.5,08,000,.00 of which Rs.5,03,000.00 was directed to be paid to the complainant as compensation. The learned Sessions Court, after evaluating the record and evidence, upheld both the conviction and sentence.

(3.) The factual matrix of the present case is that the complainant, Gyanendra Singh Bisht, alleged that the accused-Revisionist, Mahant Yogi Laxmi, had borrowed Rs.4,00,000.00 in cash on 27/9/2016 for personal needs. In discharge of the said liability, the accused issued two cheques drawn on his account with the Oriental Bank of Commerce, EC Road Branch, Dehradun " "