ANIRUDH SAINI Vs. PIYUSH AGRAWAL

JUDGEMENT

(1.) These two criminal revisions arose from the judgment dated 4.2.2011 passed by the Additional Judge to the First Additional Sessions Judge, Jabalpur in Criminal Appeal No.317/2009, and therefore both these revisions are decided by the common order.

(2.) Applicant Anirudh Saini (herein after he would be referred as "applicant/accused") was convicted for the offence under Section 138 of the Negotiable Instruments Acts (for brevity "N.I. Act") vide judgment dated 9.10.2009 passed by the JMFC Jabalpur (Shri Ajay Kumar Singh) in Complaint Case No.28694/2006 whereby he was sentenced for two years' RI with fine of Rs.1,000/- and compensation of Rs.8 lakhs. In Criminal Appeal No.317/2009 the learned First Additional Sessions Judge, Jabalpur vide judgment dated 4.2.2011 partly allowed the appeal by which the conviction was maintained, but the sentence of two years RI was altered, whereas the sentence of fine and compensation was maintained. Being aggrieved with both the judgments, the applicant/accused has filed the present criminal revision No.367/2011.

(3.) On the other hand, the applicant Piyush Agrawal (herein after he would be referred as "complainant") has preferred criminal revision No.468/2011 against the impugned judgment to set aside the impugned judgment and to maintain the sentence directed by the trial Court.