- (1.) Both the aforesaid criminal revisions arise out of the same judgment and order dated 01.02.2013 passed in Criminal Appeal No.258 of 2011. Therefore, for the sake of convince both revisions are taken up together and are being decided by a common judgment.
(2.) The brief facts, giving rise to the aforesaid revisions are that one Mr. Alok Akhila is the owner of the House no. B-48, Sector-A, Mahanagar, Lucknow. He had sold some land with constructed house of his share to the opposite party Suraj Lal Yadav by way of sale-deed dated 19.6.2009. Sri Suraj Lal Yadav was residing in portion of the aforesaid house as tenant when the sale-deed was executed in his favour. In the aforesaid house one Akhilesh Kumar Tripathi was also a tenant, Sri Suraj Lal Yadav while purchasing the aforesaid property had given two post dated cheques, one drawn on Allahabad Bank which was dated 2.8.2009 amounting to Rs.8,00,000/-(Rupees eight lakh) while the other cheque dated 15.9.2009 was drawn on HDFC Bank and was amounting to Rs.8,50,000/-(Rupees eight lakh and fifty thousand only). The aforesaid two cheques were given by Surja Lal Yadav to Alok Akhila towards the amount of sale consideration. When those cheques were presented in the Bank for encasement, they were dishonored. Having no other option, Mr. Alok Akhila filed a complaint case against Suraj Lal Yadav, under Section 138 of Negotiable Instruments Act, which was registered as complaint case no.4908 of 2009. The aforesaid case was heard and decided on 30.11.2011. By the aforesaid judgment Mr. Surja Lal Yadav, was punished and was directed to pay a sum of Rs.20,50,000/-(Rupees twenty lakh and fifty thousand only) to Alok Akhila as compensation. It was further provided that in case of non-payment of the aforesaid amount, he would undergo simple imprisonment of two years.
(3.) Feeling aggrieved by the aforesaid judgment passed by Additional Chief Judicial Magistrate Court No.28, Lucknow, both the parties i.e. Mr. Alok Akhila and Mr. Suraj Lal Yadav preferred criminal appeals. Sri Suraj Lal Yadav was aggrieved by the order of payment of Rs.20,50,000/- (Rupees twenty lakh and fifty thousand only) while Mr. Alok Akhila was aggrieved on account of the fact that Suraj Lal Yadav was not convicted. Both the aforesaid appeals were heard and decided by the Special Judge Anti Corruption Lucknow, vide judgment and order dated 1.2.2013. The appeal filed by Alok Akhila was allowed and Suraj Lal Yadav was sentenced to undergo simple imprisonment of six months alongwith a fine of Rs.21,10,000/-(Rupees twenty one lakh and ten thousand only). It was further provided that out of the aforesaid amount of Rs.21,00,000/-(Rupees twenty one lakh) twenty lacs shall be paid to Mr. Alok Akhila as compensation while the remaining amount of Rs.10,000/-(Rupees ten thousand only) shall be deposited in favour of the State. The appeal filed by Suraj Lal Yadav was dismissed.;