Allahabad High Court
Mohit Kumar vs State Of U.P. & Another on 28 July, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL REVISION DEFECTIVE No. - 415 of 2016
Revisionist :- Mohit Kumar
Opposite Party :- State Of U.P. & Another
Counsel for Revisionist :- Manoj Kumar Srivastava,Rahul Kumar Pandey
Counsel for Opposite Party :- G.A.,Paritosh Shukla
Hon'ble Naheed Ara Moonis,J.
Admit.
Issue notice to the opposite party no.2.
Learned A.G.A. has already accepted notice on behalf of respondent no.1.
The instant revision has been filed against the judgement and order dated 2.7.2016 whereby learned Sessions Judge, Aligarh in Criminal Appeal No.46 of 2016 (Mohit Kumar Vs. State of U.P. and another) affirmed the order dated 24.2.2015 passed by learned Additional Chief Judicial Magistrate, Court No.4, Aligarh in Complaint Case No.574 of 2012 (Yatendra Kumar vs. Mohit Kumar), under section 138 Negotiable Instrument Act, whereby the revisionist was convicted for one year imprisonment and further directed that he shall pay fine of Rs.4.00 lacs to the opposite party no.2 as compensation within two months under the provisions of 357(1) Cr.P.C. In case the said compensation is not paid, the accused will serve one month additional imprisonment.
The submission of learned counsel for the revisionist is that the revisionist was on bail during trial. Against his conviction the revisionist preferred an appeal before the appellate court. The appellate court released the revisionist on bail and also directed the revisionist to deposit Rs.2-00 lac as compensation to the opposite party no.2. The revisionist could not deposit the fine of Rs.2-00 lac hence he was taken into custody as such he is in jail since 23.6.2016.
It is further contended that the lower appellate court has committed manifest error in affirming the order of conviction passed by the court below as prima facie no offence is made out against the revisionist. However, the revisionist is ready to deposit half of the amount as imposed by trial court.
Per contra, learned A.G.A. has opposed the prayer made by the revisionist.
Without expressing any opinion on the merits of the case, let the revisionist Mohit Kumar involved in Complaint Case No.574 of 2012 (Yatendra Kumar vs. Mohit Kumar), under section 138 Negotiable Instrument Act, Police Station Shashni Gate, District Aligarh be released on bail on furnishing personal bond with two sureties in the like amount to the satisfaction of the court concerned. The revisionist is further directed to deposit Rs. 2.00 lac amount as compensation which shall be paid to the opposite party no.2 within one month from the date of this order. In case the revisionist fails to deposit the said amount as stated above, this order shall be automatically vacated and the revisionist shall be taken into custody.
Order Date :- 28.7.2016/RU
