STATE BANK OF INDIA Vs. RAKESH RAMKISHOR KHURANA

JUDGEMENT

(1.) Heard Shri M. Anil Kumar, Advocate for the applicant and Shri K.R. Lule, Additional Public Prosecutor for the non-applicant No. 2. None appears for the non-applicant No. 1 though served. The non-applicant No. 1 is served by publishing notice in newspaper. The orders dated 18-07-2014, 01-08-2014, 08-09-2014, 27-11-2014, 11-12-2014 show appearance on behalf of the non-applicant No. 1. The non-applicant No. 1 has also filed reply.

(2.) The applicant/original complainant has filed this application under Sec. 482 of the Code of Criminal Procedure challenging the order passed by the learned Additional Sessions Judge by which the appeal filed by the non-applicant No. 1 is allowed, the judgment passed by the learned Magistrate convicting the non-applicant No. 1 for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act of 1881") is set aside and the matter is remanded to the learned Magistrate for deciding the complaint filed by the applicant, again.

(3.) The applicant filed complaint under Sec. 138 of the Act of 1881 against the non-applicant No. 1, which was allowed by the learned Magistrate by the judgment dated 30-01-2009. The learned Magistrate convicted the non-applicant No. 1 for offence punishable under Sec. 138 of the Act of 1881 and sentenced him to undergo simple imprisonment for six months and to pay fine of Rs. 45,000.00, out of which amount of Rs. 43,000.00 was to be paid to the applicant and Rs. 2,000.00 was to be deposited with the Government. The learned Magistrate directed that in default on the part of the non-applicant No. 1 to deposit the amount of fine within thirty days, the non-applicant No. 1 shall undergo simple imprisonment for thirty days.