ASHOK BATLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The complainant (respondent No. 2 - Mr. Devendra Singh) is present in person before this Court. As far as the revisionist is concerned, since after the orders of conviction as rendered by learned trial Court in Criminal Case No. 3364 of 2010, Devendra Singh v. Asholk Batla by the judgement dtd. 4/1/2013, and later on which had been affirmed by the learned Appellate Court judgement dtd. 11/6/2018 in Criminal Appeal No. 21 of 2013, Ashok Batla v. Devendra Singh and another, the revisionist has surrendered himself and he has been taken in custody so as to serve the sentence as has been inflicted on him in pursuance to the judgements impugned in the present criminal revision.

(2.) The criminal revision has been preferred as against the aforesaid two judgements, which were arising out of the complaint case proceedings which was initiated by the complainant/respondent No. 2, who is present in person before this Court who is identified by his counsel, contending thereof that for the purposes of purchasing of a property, he has extended a financial assistance to the revisionist to the tune of Rs.3,20,000.00 (Rupees Three Lakh Twenty Thousand only), which ought to have been returned by the revisionist within the specified time period. But, on account of the failure on the part of revisionist to refund back the said money to the complainant/respondent No. 2, he has issued with the notices under Negotiable Instrument Act and consequently he had lodged a complaint case against the revisionist before the trial Court, which was registered as Criminal Case No. 3364 of 2010, Devendra Singh v. Asholk Batla.

(3.) The Court of the Judicial Magistrate, Kashipur District Udham Singh Nagar by the impugned judgement dtd. 4/1/2013, had convicted the revisionist and had directed him to undergo rigorous imprisonment of 6 months and a penalty of Rs.1000.00 was imposed upon him. Simultaneously, he was also directed to pay an amount as referred in the cheque, which was dishonoured by the bank to the tune of Rs.3,20,000.00 (Rupees Three Lakh Twenty Thousand Only) along with a sum of Rs.10,000.00 (Rupees Ten Thousand Only), which was to be deposited in the Court as an amount due to be paid under Sec. 457 (3) of the Code of Criminal Procedure.