LAWS(ALL)-2012-5-179

AMARJEET Vs. STATE OF U P

Decided On May 30, 2012
AMARJEET Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri T.K. Mishra, learned counsel for the revisionist, Sri S.M. Ali, learned counsel for the opposite party no.2 and learned AGA for the State.

(2.) The instant revision has been preferred by the accused-revisionist Amarjeet against the judgment and order dated 20.7.2010 passed by the Additional Sessions Judge, Court No.1, Jhansi, in Criminal Appeal No.32 of 2009, Amarjeet Singh Vs. State of U.P. and another arising out of the judgment and order dated 13.4.2009 passed by the Judicial Magistrate, Court No.9, Jhansi, in Criminal Case No.6293 of 2008 Kanwaljeet Vs. Amarjeet Singh under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as the Act) whereby the revisionist was convicted under Section 138 of the Act and sentenced to undergo six months imprisonment with fine of Rs.1,50,000/-. In default of payment of fine, he was further directed to undergo additional imprisonment for six months. It was further ordered that if the amount of fine is deposited, the same shall be paid to the complainant Kanwaljeet Singh as compensation.

(3.) The relevant facts are that the complainant Kanwaljeet Singh who is opposite party no.2 herein filed the aforesaid complaint against the accused Amarjeet Singh, who is revisionist herein, in the trial court with the allegations that both the parties knew each other previously. On 9.11.2004, the accused came to the house of the complainant and requested him to give a sum of Rs.1,00,000/- telling his compelling need. The complainant trusting the accused withdrew a sum of Rs.1,00,000/- from the joint account which was in the name of the complainant and his wife from Punjab and Sindh Bank, Jhansi. When the said amount was given to the accused, the accused assured to pay back the same.