MAHENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision petition filed by a convicted revisionist against the concurrent findings on facts as well as on law given by learned trial Court as well as upheld by the Appellate Court whereby the order of conviction for committing offence under Sec. 138 of Negotiable Instruments Act, 1881 as well as simple imprisonment of six months with a fine of Rs.5.00 lakhs was imposed and was upheld respectively.

(2.) The revisionist is represented by Sri Shyam Shankar Shukla, Advocate who has argued vehemently before this Court as well as Sri Ram Kishun Mishra, Advocate has filed written argument.

(3.) Learned counsel for revisionist submitted that initially cognizance was taken by the Judicial Magistrate, Court No.2, Allahabad on 9/10/2014, however, in compliance of direction passed by a three Judges Bench of Supreme Court in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another, (2014) 9 SCC 129, the complaint was returned to complainant by an order dtd. 27/4/2015 with a direction that same shall be filed before competent Court and accordingly it was filed before the competent Court which was registered as a complaint case by an order dtd. 18/5/2015 and summons were issued on the new address.