- (1.) Heard Sri K.K.Singh, and Sri M.B Mathur, learned counsels for the revisionist, learned AGA for opposite party no.-1 State, Sri Rajesh Yadav, Advocate who has filed vakalatnama on behalf of opposite party no. 2, and perused the records.
(2.) Criminal complaint case no. 1333 of 2014 (Vibhor Agrawal Vs. Anokhey Lal Saini) was filed by complainant. The trial was concluded, after affording opportunity of hearing to accused the Additional Chief Judicial Magistrate, Court No. 6, Moradabad had convicted the accused Anokhey Lal for charge under section 138 N.I. Act by judgment dated 18.4.2016, and sentenced him with simple imprisonment of six months and fine of Rs. 2,00,000/- (in default of payment of fine, two months additional simple imprisonment). Trial court had also directed that from the amount of fine, Rs. 1,90,000/- will be paid to complainant and remaining Rs. 10,000/- would go to State Government.
(3.) Against the judgment of trial court, criminal appeal no.63 of 2016 (Anokhey Lal Vs. State of U.P. and Another) was preferred, which was heard and dismissed by the judgment dated 9.9.2016 of Sessions Judge, Moradabad.;