CRLR/647/2023
2023 Latest Caselaw 3290 UK

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      30.10.                            CRLR No.647 of 2023
      2023                              Hon'ble Alok Kumar Verma, J.

Proposed Criminal Revision has been filed against the judgment dated 19.07.2023, passed by learned Sessions Judge, Pauri Garhwal in Criminal Appeal No.110 of 2019, by which, the Appeal, filed against the judgment dated 18.09.2019, passed by learned Judicial Magistrate, Pauri Garhwal in Complaint Case No.191 of 2017, by which, the revisionist - accused was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.1,70,000/- under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.

2. Heard Mr. Piyush Garg, learned counsel for the revisionist and Mr. Pramod Tiwari, learned Brief Holder for the State.

3. Mr. Piyush Garg, Advocate, submits that the revisionist had deposited Rs.30,000/- before the Appellate Court. He further submits that the revisionist has established that there existed no debt or any liability at the time of issuance of cheque. However, he has deposited Rs.1,35,000/- under protest before this Court through the Demand Draft No.760456 dated 30.10.2023. The said demand draft is taken on record.

4. In the facts and circumstances of this case, notice is issued to the respondent no.2

- complainant. Steps to be taken within three days.

5. List on 23.11.2023.

(Alok Kumar Verma, J.) 30.10.2023 Pant/