LAWS(UTN)-2012-10-52

SUKHWANT SINGH Vs. STATE OF UTTARAKHAND & ANOTHER

Decided On October 04, 2012
SUKHWANT SINGH Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) None has turned up either on behalf the revisionist even in the revised call made after lunch. Hence, this Court rendered hearing to Mr. Mohd. Azim, learned Counsel for the private respondent. Also perused the papers available on record.

(2.) Vide judgment and order dated 28.11.2006, passed by the Judicial Magistrate I, Kashipur, in Complaint Case No. 392/2003 instituted by M/s Punjab Agro Chemicals, Bajpur, revisionist Sukhwant Singh was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for one year and a fine of Rs. 3000/-. In default of payment of fine, he was awarded further imprisonment of three months. Revisionist was also directed to pay Rs. 19,840/- i.e. the cheque amount as compensation to the complainant.

(3.) Sukhwant Singh preferred an appeal no. 2/2007, which was dismissed by learned Sessions Judge, Udham Singh Nagar on 16.11.2007 and the finding of trial court was affirmed. Thus, a concurrent finding has been recorded against the accused revisionist by the courts below.