SHASHANK JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been filed against the judgment and order dtd. 19/7/2019 passed by Special Judge, Anti Corruption Act (UPSEB), Varanasi in Criminal Appeal No. 86 of 2018 (Shashank Jaiswal vs. State of U.P. And another), whereby the judgment and order dtd. 10/5/2018 passed by Presiding Officer, Additional Court, Varanasi in Complaint Case No. 1583 of 2017 (Smt. Aruna Gupta vs. Shashank Jaiswal) 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.7,05,000.00, in default, to suffer further six months imprisonment.

(3.) In brief, the proceedings under Sec. 138 of the Negotiable Instruments Act were initiated against the revisionist with the allegation that cheque no. 154599 dtd. 12/4/2012 for a sum of Rs.4,15,000.00 issued by the revisionist was dishonoured on account of insufficient funds. The opposite party no.2 filed a complaint case before the Special 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.