PRAVEEN KUMAR AGARWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prakash Naik, learned Senior Advocate, assisted by Sri Tapan Thattey and Sri Padmaker Pandey, learned counsels appearing for the revisionist, Sri Brajendra Pratap Singh, learned Additional Government Advocate appearing for the State and Sri Sushil Kumar Shukla and Sri R.K. Singh Chandel, learned counsels appearing for Opposite Party No. 2.

(2.) The instant revision has been filed under Sec. 397 Cr.P.C. read with Sec. 401 Cr.P.C. challenging therein, the judgment and order dtd. 21/8/2024 passed by the learned Sessions Judge in Criminal Appeal No.105 of 2022 and Criminal Appeal No.177 of 2022 whereby, the appeal filed by the revisionist i.e. Criminal Appeal No.105 of 2022 had been dismissed due to absence of the appellant before the appellate court and Criminal Appeal No.177 of 2022 had been allowed and the fine imposed by the trial court vide order dtd. 26/8/2022 had been enhanced from Rs.32,31,50,000.00 to Rs.64,63,00,000.00. Brief facts of the case

(3.) The Opposite Party No.2 filed a complaint case, alleging therein that the revisionist had committed offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to the 'Act of 1881'). The revisionist appeared before the trial court and was enlarged on bail. Later on, the Compliant Case No.6352 of 2016 had been decided vide judgment and order dtd. 26/8/2022 whereby, the revisionist had been convicted for the offence punishable under Sec. 138 of the Act of 1881 and had been sentenced for simple imprisonment of two years along with fine of Rs.32,31,50,000.00. The revisionist filed an appeal against the aforesaid order of the trial court dtd. 26/8/2022 and the said appeal was numbered as Criminal Appeal No.105 of 2022. The Opposite Party No.2 also challenged the order dtd. 26/8/2022 passed by the trial court by filing Criminal Appeal No.177 of 2022 wherein, the prayer was made for enhancement of the amount of fine imposed by the trial court.