Vivek Kumar Singh, J. - (1.) Heard Sri Rajrshi Gupta learned counsel for the Revisionist and Sri V.K. Jaiswal, learned counsel for the opposite party.
(2.) The present revision has been filed challenging the impugned judgment and order dated 11.12.2012 passed in Crl. Appeal No. 34 of 2012 (Bajrang Tripathi Vs. State of U.P. and others).
(3.) Brief facts of the case are that on account of dishonour of cheque No. 839473 dated 21.7.2007 of India Overseas Bank of Branch Azamgarh for Rs. 25 lacs issued by opposite party no.2, the revisionist filed Criminal Revision against opposite party no.2 under Section 138 of Negotiable Instrument Act. The said cheque was returned by Punjab National Bank vide letter dated 15.4.2008 along with the memorandum of India Overseas Bank, Azamgarh Branch. Pursuant to that a notice dated 24.4.2008 under Section 138 Negotiable Instrument Act was sent to opposite party no.2 as he failed to honour his commitment. In pursuance of the summoning order, the opposite party no.2 appeared before the trial court and admitted the issuance of cheque.;