JUDGEMENT
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(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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