Yogendra Gupta vs Balkrishna Agrawal
2023 Latest Caselaw 1641 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                         ON THE 30 th OF JANUARY, 2023
                                      CRIMINAL REVISION No. 786 of 2009

               BETWEEN:-
               YOGENDRA GUPTA S/O SHRI BIHARILAL GUPTA , AGED
               ABOUT 48 YEARS, OCCUPATION: BUSINESS, R/O
               BILAIYA SADAN, FALKA BAZAR LASHKAR, GWALIOR
               (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (NONE FOR THE PETITIONER )

               AND
               BALKRISHNA AGRAWAL S/O SHRI MADANLAL
               AGRAWAL, AGED ABOUT 51 YEARS, OCCUPATION:
               BUSINESS, R/O NAYA BAZAR,LASHKAR,GWALIOR
               (MADHYA PRADESH)

                                                                                .....RESPONDENTS
               (BY SHRI AJAY SINGH RATHOR- ADVOCATE )

                           Th is revision coming on for hearing this day, th e court passed the
               following:
                                                        ORDER

This revision is pending since 2009. Earlier vide order dated 9.3.2016 this revision was dismissed for want of prosecution. Thereafter it was restored vide order dated 1.7.2016 passed in M.Cr.C.No.4572/2016.

Perused the record.

Vide judgment dated 19.6.2009 passed by the JMFC, Gwalior, in Signature Not Verified Criminal Case No.1012/2006 petitioner has been convicted under Section 138 Signed by: MADHU SOODAN PRASAD Signing time: 31-01-2023 09:40:40 AM of the Negotiable Instruments Act and sentenced till rising of the Court and

directed to pay compensation of Rs.70,000/-, failing which he will suffer 3 months SI. Being aggrieved petitioner preferred appeal which was dismissed.

This revision has been filed by the petitioner on the ground that learned trial Court as well as appellate Court have committed illegality on relying upon the evidence adduced by the complainant-respondent. Besides, there is no law point raised in this revision petition.

After perusing the record and evidence adduced by the complainant, this Court is of the considered opinion that learned Courts below have not committed any illegality in convicting & sentencing the petitioner as aforesaid. Accordingly, this revision sans merit and is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 31-01-2023 09:40:40 AM