MANOJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Revision has been filed under Ss. 397 and 401 of the Code of Criminal Procedure by the Revisionist, assailing the judgment and order dtd. 7/6/2019 passed by the learned Judicial Magistrate 2nd Dehradun in Criminal Complaint Case No. 1059 of 2017, titled as "Shri Manoj Kumar vs. Shri Manoj Kumar" under Sec. 138 of Negotiable Instruments Act, whereby the Revisionist was convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo six months' simple imprisonment along with a fine of Rs.4,35,000.00, with a default stipulation as well as the judgment and order dtd. 8/12/2023 passed by the learned VIth Additional Sessions Judge, Dehradun in Criminal Appeal No.164 of 2019, by which the appeal preferred by the Revisionist was dismissed, and the conviction and sentence recorded by the trial court were affirmed.

(2.) The Revisionist and the Respondent No.2 are known to each other and were admittedly acquainted prior to the transaction in question. The proceedings arise out of a private complaint instituted by the Respondent alleging dishonour of cheque on account of insufficiency of funds. The Revisional Court is thus called upon to examine the correctness, legality and propriety of the concurrent findings recorded by the courts below within the limited scope of revisional jurisdiction.

(3.) Heard learned counsel for the parties and perused the records available on file.