MOHAMMAD RAFIQ WANI Vs. GHULAM NABI KHAN

JUDGEMENT

(1.) The petitioner has challenged the judgment dtd. 21/6/2017 passed by learned Judicial Magistrate 1st Class (Forest Magistrate), Srinagar, as also the judgment dtd. 20/3/2019 passed by the Appellate Court i.e., Court of 2nd Additional Sessions Judge, Srinagar, whereby judgment of the learned Magistrate has been upheld.

(2.) Vide the impugned judgment passed by the learned Magistrate in a complaint filed by respondent against the petitioner under Sec. 138 of Negotiable Instruments Act, the petitioner has been convicted of the aforesaid offence and sentenced to undergo a simple imprisonment of one year and to pay fine of Rs.13.00 lacs, in default whereof the petitioner has been directed to undergo further simple imprisonment of five months. The Appellate Court, while upholding the finding of conviction passed by the learned Magistrate, has reduced the sentence of imprisonment awarded against the petitioner from one year to six months. The sentence of fine has been kept in-tact.

(3.) Before coming to the grounds of challenge, it would be apt to briefly state the allegations contained in the complaint filed by the respondent.