Manish Jaiswal vs State Of U.P. And Another
2023 Latest Caselaw 35374 ALL

Allahabad High Court

Manish Jaiswal vs State Of U.P. And Another on 15 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:237871
 
Court No. - 82
 

 
Case :- CRIMINAL REVISION No. - 6324 of 2023
 

 
Revisionist :- Manish Jaiswal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Jitendra Kumar,Amit Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Heard learned counsel for the revisionist and learned A.G.A. for the State.

The instant criminal revision has been preferred against the Appellate Court's Judgment and Order dated 03.11.2023 passed by Additional Sessions Judge (Court No. 9), Varanasi in Criminal Appeal No. 164 of 2022 (Manish Jaiswal Vs. State of U.P. and Another) as well as impugned Trial Court's Judgment and Order dated 31.08.2022 passed by Additional Court, Varanasi in Complaint Case No. 2217 of 2019 (Dilip Kumar Seth Vs. Manish Jaiswal), under Section 138 Negotiable Instrument Act, Police Station- Chaubeypur, District- Varanasi.

Learned counsel for the revisionist states that he has been convicted under Section 138 of the N.I. Act. with the sentence of six months' rigorous imprisonment and a fine of Rs. 1,20,000/-. He also submits that he has already paid half of the fine of Rs. 60,000/- on 28.09.2022 and was released on interim bail during the pendency of the criminal appeal. He further submits that the courts below have not appreciated the evidence on record while convicting and sentencing the accused revisionist.

Admit.

Issue notice to opposite party No. 2.

Summon the lower court record.

Learned A.G.A. has vehemently opposed the bail of the revisionist.

Let the revisionist-Manish Jaiswal be released on bail on his furnishing personal bond with two sureties each to the like amount to the satisfaction of the court concerned. He shall deposit the balance fine of Rs.60,000/- in three equal installments immediately after his release on bail.

On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this revision.

List this revision, as fresh on 23.01.2024.

Order Date :- 15.12.2023

Shivani