Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Mintu Saxena vs. Kunal Chauhan
CA No.114/2023
08.06.2023
Present : Sh.N.S. Jha, ld. Counsel for appellant with
appellant.
Respondent in person.
Appellant/accused/convict filed the present appeal against
the judgment dated 01.12.2022 and order of sentence on
25.02.2023 by ld. MM in complaint case filed u/s 138 of N.I. Act
by complainant/respondent herein.
Complaint u/s 138 N.I. Act was in respect of three
dishonoured cheques of total amount of Rs.51,000/-.
Ld. MM at the time of framing notice of accusation in
terms of section 251 Cr.PC, when found that accused admitted all
the ingredients of the offence u/s 138 N.I. Act and pleaded guilty
to the same, convicted the accused and sentenced him for fine of
Rs.70,000/- only and did not sentence him for imprisonment.
Appeal was filed. Though this court had reservation
regarding very maintainability of appeal in view of the provisions
of section 375 Cr.PC. However complainant appeared on his
own. Therefore efforts were made for ensuring that accused/
convict pay the fine amount. On 02.06.2023 appellant undertook
to pay the fine amount of Rs.70,000/- on or before today i.e.
08.06.2023.
In terms of his previous statement, appellant has made the
payment of entire amount of fine. Two statements of respondent/
complainant Kunal Chauhan have also been recorded whereby he
admitted that he received the entire amount of fine.
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Consequently, present appeal stands disposed off on account of
payment of fine as imposed by way of sentence by order dated
25.02.2023.
File be consigned to consigned to record room.
Copy of order be sent to trial court concerned.
( Shailender Malik )
ASJ/NDD/PHC/ND/08.06.2023
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