(1.) This revision has been filed against the judgment and order dtd. 5/11/2020 passed by Additional District and Sessions Judge/FTC, Varanasi in Criminal Appeal No. 145 of 2019 (Saran Kumar Yadav Vs. State of U.P. and another), whereby the judgment and sentence dtd. 21/8/2019 passed by Presiding Officer, Additional Court, Varanasi has been confirmed.
(2.) The revisionist/applicant has been convicted under Sec. 138 of Negotiable Instruments Act and awarded sentence to undergo rigorous imprisonment of one year and also to pay a fine of Rs.3,60,000.00, in default, to suffer further imprisonment for six months.
(3.) In brief, the proceedings under Sec. 138 of Negotiable Instruments Act were initiated against the revisionist with the allegation that cheque no. 636488 dtd. 18/11/2011 for a sum of Rs.2,00,000.00 issued by the revisionist was dishonoured. The opposite party no.2 filed a complaint case before the II Chief Judicial Magistrate, Varanasi, under Sec. 138 of the Negotiable Instruments Act. The proceedings of the case, ultimately resulted in order of conviction. Against the order of conviction an appeal was preferred and the appellate Court dismissed the appeal of the revisionist and confirmed the judgment.
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