SUSHIL KUMAR SAINI Vs. PAWAN SAINI S/O SITA RAM
LAWS(UTN)-2012-10-90
HIGH COURT OF UTTARAKHAND
Decided on October 15,2012

SUSHIL KUMAR SAINI Appellant
VERSUS
Pawan Saini S/O Sita Ram Respondents

JUDGEMENT

- (1.) Heard Mr. Pankaj Miglani, Advocate, for the revisionist and perused the record.
(2.) This revision has been filed challenging two consecutive judgments and orders of conviction passed against the revisionist. It transpires that the respondent Pawan Saini filed a criminal complaint case no.152 of 2011 for the offence punishable u/s 138 of the Negotiable Instruments Act, 1881 [hereinafter to be referred as 'the Act'] against the revisionist Sushil Kumar Saini. The said complaint case was adjudicated by Additional Chief Judicial Magistrate, Haridwar, whereby the revisionist (accused in the case) was convicted u/s 138 of the Act and sentenced him to undergo one year's R.I. with fine of Rs.2.40 lakh, out of which a sum of Rs.2.30 lakh was directed to be ordered to the complainant as compensation. In case of default of compensation, six months' additional simple imprisonment was ordered. An appeal was preferred by the revisionist which was dismissed on merits by the order of learned Additional Sessions Judge/II FTC, Haridwar dated 24.2.2012, where-against the instant revision has been filed before this Court.
(3.) The revisionist has now filed miscellaneous application no.1247 of 2012, seeking stay of the fine imposed against him. Learned counsel has apprised the Court that now the recovery warrants have been issued against the petitioner, inasmuch as, no order regarding the suspension of fine was passed while granting bail by this Court on 23.5.2012.;


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