Court No. - 48
Case :- CRIMINAL REVISION No. - 422 of 2018 Revisionist :- Sughar Singh Pal Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ali Hasan, Istiyaq Ali Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision has been filed by the revisionist against the judgment and order dated 19.01.2018 passed by learned Additional Sessions Judge/F.T.C., Court no.2, Auraiya in Criminal appeal No.18 of 2017 (Sughar Singh vs. State of U.P. and another) dismissing the appeal of the revisionist and confirming the judgement and order dated 31.03.2017 passed by learned Chief Judicial Magistrate, Auraiya in Criminal Complaint Case No.2284 of 2013 (Smt. Pratima vs. Sughar Pal), u/s 138 of Negotiable Instruments Act, P.S.-Phaphund, District-Auraiya whereby the revisionist has been convicted and sentenced to undergo one year simple imprisonment with fine of Rs.3,00,000/- with default stipulation.
Heard Shri Ali Hasan, learned counsel for the revisionist, who has pressed forth the revision only on the ground of severity of sentence and Shri K.D. Awasthi, learned counsel who appeared for opposite party no.2 and learned A.G.A. for the State.
Perused the record.
Counsel for the revisionist has tried to show that the sentence awarded is excessive and is not justified in the facts and circumstances of the case. It has been pointed out that the revisionist was on bail during trial and he has not misused the same. Submission is that there is reasonable prospect of this revision being allowed substantially on the point of sentence.
Admit only to hear on the point of sentence. Summon the lower court record.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
There is no need to issue notice to opposite party no.2 as Shri K.D.
Awasthi, Advocate has put in appearance on behalf of opposite party no.2.
Opposite party no.2 may file counter affidavit within three weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period along with lower court record before the appropriate bench.
In the peculiar facts and circumstances of the case, let the revisionist Sughar Singh Pal, convicted and sentenced in Complaint Case No.2284 of 2013 (Smt. Prtima vs. Sughar Pal), u/s 138 of Negotiable Instruments Act, P.S.-Phaphund, District-Auraiya, be released on bail on his furnishing a personal bond and two solvent sureties each of his family members and/or relatives to the satisfaction of the court concerned.
As soon as personal and surety bonds are furnished, photostat copies of the same are directed to be transmitted to this Court forthwith by the concerned court below to be kept on record.
Order Date :- 22.2.2018 M. Kumar