JOLUK NINU Vs. AJAY AGARWAL

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, learned counsel for the petitioner and also heard Mr. B. Deka, learned counsel for the respondent.

(2.) In this criminal revision petition, under 397/401 of the Code of Criminal Procedure, the petitioner has challenged the legality, propriety and correctness of the judgment and order dtd. 13/11/2014, passed by the learned Sessions Judge, North Lakhimpur, in Criminal Appeal No. 43[4]/2013. It is to be noted here that vide impugned judgment and order the learned Court below has affirmed the judgment and order passed by the learned Chief Judicial Magistrate, Lakhimpur convicting the petitioner under sec. 138 of the N.I. Act and sentencing him to pay a fine of Rs.5,000.00 with default stipulation, in CR Case No.248/2009, under sec. 138 of N.I. Act.

(3.) The factual background leading to filing of the present application is briefly stated as under:-