MOHD. AZAZ SHEIKH Vs. ARUN

JUDGEMENT

(1.) Since the record has come and this revision is of the year 2022, therefore, looking to the issue involved in this case, the revision is finally heard.

(2.) This revision is under Sec. 397/401 of the Code of Criminal Procedure assailing the validity of the judgment dtd. 1/2/2022 passed by the First Additional Sessions Judge, District Chhindwara, in Criminal Appeal No.129/2018 whereby the appellate court allowed the appeal preferred against the judgment passed in Criminal Case No.2931/2015 by the Judicial Magistrate First Class, Chhindwara, allowing the complaint made under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') found the non-applicant guilty and awarded sentence of 6 months' RI under Sec. 138 of NI Act and also awarded compensation to the tune of Rs.3,30,000.00 in view of Sec. 357(3) of Cr.P.C. with default stipulation.

(3.) Few facts, which are relevant for consideration in this revision are that;