Court No. - 83
Case :- CRIMINAL REVISION No. - 2914 of 2016 Revisionist :- Paras Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dinesh Singh Yadav,Brahma Nand Tripathi Counsel for Opposite Party :- G.A.,A.Z.Khan,Ram Manohar Kashyap
Hon'ble Rajeev Misra,J.
1. Heard Mr. Brahma Nand Tripathi, learned counsel for revisionists, learned A.G.A. for State and Mr. A.Z. Khan, learned counsel for complainant/opposite party-2.
2. Perused the record.
3. This criminal revision has been filed challenging judgement and order dated 6.9.2016, passed by Special Judge, E.C. Act, Ghazipur in Criminal Appeal No. 93A of 2013 (Paras Yadav and another Vs. State of U.P and another) whereby above mentioned criminal appeal arising out of judgement and order dated 29.10.2013 passed in Criminal Case No. 36 of 2012 (Jiyauddin Ansari Vs. Paras Yadav and Others), under section 138 N.I. Act, Police Station- Nandganj, District Ghazipur, has been dismissed.
4. Record shows that revisionist issued cheques bearing numbers 002686, 002688, 002687 dated 15.7.2011 drawn on Union Bank of India in favour of complainant-opposite party-2. Aforesaid cheques were presented by opposite part-2 in his bank which were returned encashed on the ground of insufficiency of funds. Subsequently, opposite party send a legal notice to revisionists asking them to pay the amount payable under the disputed cheques. However, revisionists failed to honour the notice. As a consequence of above, Complaint Case No. 36 of 2012 (Jiyauddin Ansari Vs. Paras Yadav and Others) came to be filed.
5. Trial court proceeded with the complaint and upon evaluation of pleadings and evidence on record, came to the conclusion that revisionists have committed an offence under section 138 N.I. Act. Accordingly, Judicial Magistrate, Court No.2 Azamgarh vide judgement and order dated 29.10.2013 convicted revisionists under section 138 N.I. Act and consequently, sentenced them to one year simple imprisonment along with fine of Rs. 5,000/- each. In case of default, accused were to undergo one month additional simple imprisonment. Accused were further directed to pay Rs. 1 lac each towards compensation to opposite party-2.
6. Feeling aggrieved by order dated 29.10.2013, accused preferred an appeal before District and Sessions Judge, Ghazipur which was registered as Criminal Appeal No. 93A of 2013 (Paras Yadav and another Vs. State of U.P and another). Lower appellate Court, upon perusal of evidence and material on record came to the conclusion that no illegality or perversity has been committed by trial Court. Consequently, appeal filed by revisionist was dismissed vide judgement and order dated 6.9.2016 passed by Special Judge, (E.C.) Act, Ghazipur.
7. Feeling aggrieved by above, revisionist has now approached this Court by means of present criminal revision.
8. Present criminal revision came up for admission on 22.9.2016 and this Court passed the following order:
"Heard learned counsel for the revisionists and learned Additional Government Advocate.
Admit.
Summon the lower court record.
Learned counsel for the revisionists submits that maximum sentence awarded in this case is one year's simple imprisonment and in case the bail is not granted the revision is likely to become infructuous. The revisionists were on bail during the pendency of appeal before the lower appellate court. The revisionists are in jail since 5.9.2016.
Per contra learned AGA opposed the prayer for bail. Having considered the facts and circumstances of the case and the submissions of the parties, I am of the view that it is a fit case for bail.
Let the revisionsits Paras Yadav and Achhey Lal Yadav, convicted and sentenced in Criminal Appeal No. 93-A of 2013, under section 138 of Negotiable Instruments Act by the learned Special Judge (EC Act) Ghazipur be released on bail during the pendency of the revision, on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Realization of half of the fine shall also remain stayed.
On payment of 50% of the compensation amount within 15 days from the date of release, the remaining 50% shall remain stayed during the pendency of the revision. "
9. On the matter being taken up today, Mr. Brahma Nand Tripathi, learned counsel for revisionists contends that revisionists have deposited Rs. 1 lac before court below in compliance of order dated 22.9.2016. Revisionists have considered the matter and they are ready to settle the dispute on payment of Rs. 1,60,000/- towards full and final satisfaction of amount payable under the disputed cheques by making payment of Rs. 1,15,000/- alongwith interest i.e. Rs. 1,60,000/- vide bankers cheque bearing no. 598611. Same has been produced before court.
10. On the aforesaid premise, it is urged by learned counsel for revisionists that upon submission of above noted bankers cheque, there is full and final settlement between parties. It is next contended that section 147 of Negotiable Instruments Act, clearly provides that proceedings under Negotiable Instruments Act can be compounded at any stage. It is thus contended that present criminal revision be allowed and impugned orders passed by Courts below be quashed.
11. Learned counsel for opposite party-2 has accepted the bankers cheque presented by learned counsel for revisionist in Court today. He, however, contends that amount paid by revisionist is quite deficient.
12. Be that as it may, this court is of the considered opinion that sum of Rs. 1,60,000/- paid by revisionist towards discharge of liability arising out of disputed cheques is fair and just. An interest of Rs. 45,000/- has been paid which almost near to the amount of simple interest on disputed amount.
13. In view of above, present criminal revision succeeds and is allowed. Judgement and order dated 6.9.2016, passed by Special Judge, E.C. Act, Ghazipur in Criminal Appeal No. 93A of 2013 (Paras Yadav and another Vs. State of U.P and another) and 29.10.2013 passed in Criminal Case No. 36 of 2012 (Jiyauddin Ansari Vs. Paras Yadav and Others), under section 138 N.I. Act, Police Station- Nandganj, District Ghazipur, are hereby quashed. Amount of compensation deposited by revisionists before court below pursuant to order dated 22.9.2016, passed by this Court shall be returned to revisionists.
14. Receipt of bankers cheque by Mr. A.Z. Khan, learned counsel for opposite party-2 shall be endorsed on the order sheet of this criminal revision.
15. Revision is accordingly allowed.
Order Date :- 22.9.2021 Arshad