AFZAL AHEMED Vs. MOHD FAIZAN
LAWS(UTN)-2006-5-9
HIGH COURT OF UTTARAKHAND
Decided on May 03,2006

AFZAL AHMED Appellant
VERSUS
MOHD.FAIZAN Respondents


Referred Judgements :-

HARI SINGH V. SUKHBIR SINGH [REFERRED TO]
K BHASKARAN VS. SANKARAN VAIDHYAN BALAN [REFERRED TO]
SUGANTHI SURESH KUMAR VS. JAGDEESHAN [REFERRED TO]


JUDGEMENT

- (1.)This Criminal Revision has been directed against the judgment and order passed by the learned Ilnd Addl. Civil Judge (JD)/Judicial Magistrate Roorkee, Dist. Haridwar dated 27-3-2001 in Criminal Complaint Case No. 12 of 2000, Afzal Ahrned v. Mohd. Faizan u/S. 138 of the N.I. Act with fine of Rs. 1,200/ and in default of payment of fine an imprisonment for two months.
(2.)Brief facts leading to this revision are that a complaint was filed before the learned Judicial Magistrate u/S. 138 of the N. I. Act alleging therein that the respondent No. 1 had given a cheque of Rs. 30,000.00 to the revisionist and the said cheque was dishonoured. Statutory notice was given but in spite of the notice, the amount was not paid hence complaint was filed before the learned Judicial Magistrate. The learned Magistrate took the cognizance and thereafter proceeded with the trial. After the conclusion of the trial, the learned Magistrate held that the prosecution had established the case against the accused beyond reasonable doubt and he convicted the accused u/S. 138 of the N.I. Act and also awarded the sentence as indicated above.
(3.)Feeling aggrieved by the said order, the present revision petition had been preferred before this Court.


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