GYAN PRAKASH AGARWAL Vs. BABU KHAN AND ORS.

JUDGEMENT

(1.) This revision has been filed against the impugned judgment and order dated 23.10.2019 passed by District and Sessions Judge, Hapur, in Criminal Appeal No. 98 of 2019 and impugned judgment and order passed by C.J.M./A.C.J.M., Hapur dated 23.9.2019 and order dated 25.9.2019 sentencing the accused appellant in case no. 34 of 2019 previously entered complaint no. 8496/2015 under Section 138 N.I. Act, P.S.- Hapur Kotwali, District- Hapur whereby the learned court below convicted and sentenced 1 years simple imprisonment for the offence under Section 138 N.I. Act and fine of Rs. 1 crore 20 lacs.

(2.) Heard Sri Mangla Prasad Rai, learned Senior Advocate assisted by Sri Vikas Srivastava, learned counsel for the revisionist, Sri Saumitra Dwivedi, learned counsel for the opposite party and the learned A.G.A. for the State.

(3.) Brief facts of the case are that the proceedings under Section 138 of the N.I. Act were initiated against the revisionist with the allegation that two cheque no. 789636 and cheque no. 789637 dated 20.7.2014 for a sum of Rs. 50-50 lacs each was issued by the revisionist, which has been bounced. Respondent no. 1 filed complaint case before the A.C.J.M, under Section 138 N.I. Act. The proceeding of complaint case has ultimately resulted in order of conviction awarding of one year simple imprisonment together with imposition of fine of Rs. 1crores 20 lacs. The amount of fine to be appropriated by paying Rs. 1crore 15 lacs to the complainant (respondent no. 1) and balance of Rs. 5 lacs to be deposited to the State.