Revisionist's Appeal Dismissed for Non-compliance with Deposit Order The revisionist challenged a judgment convicting them under Section 138 of the Negotiable Instruments Act, which was upheld by the court. Despite ...
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Revisionist's Appeal Dismissed for Non-compliance with Deposit Order
The revisionist challenged a judgment convicting them under Section 138 of the Negotiable Instruments Act, which was upheld by the court. Despite arguments regarding defects in the notice and complaint, the court found them unsubstantiated. The revision was dismissed, and the revisionist was taken into custody for non-compliance with the interim order to deposit a sum. The court affirmed the conviction under Section 138 of the Act.
Issues: Challenge to judgment and order dated 26.10.2016 convicting the revisionist under Section 138 of Negotiable Instruments Act. Appeal dismissal by Additional Sessions Judge. Compliance with conditional order for depositing penalty. Defects in notice and complaint regarding time period and amount claimed.
Analysis: 1. The revisionist challenged the judgment convicting him under Section 138 of Negotiable Instruments Act. The appeal was dismissed by the Additional Sessions Judge. The revision was admitted with a conditional order to deposit a sum within a month to keep the judgment in abeyance.
2. The revisionist argued defects in the notice and complaint. The notice dated 09.03.2015 was said to have an insufficient time period. However, the court found that the notice was served within the stipulated 30-day period as per the Act, rejecting the argument.
3. The second argument was about the complaint not mentioning the amount claimed. The court found that the complaint did specify the amount sought to be claimed, making this argument invalid.
4. No other grounds were presented by the revisionist. The court upheld the judgments of conviction by both lower courts. The revision was dismissed, and the revisionist was to be taken into custody for non-compliance with the interim order.
5. The court concluded that the revision lacked merit and was dismissed. The revisionist's non-compliance with the interim order led to immediate custody. The judgment of conviction under Section 138 of Negotiable Instruments Act was upheld against the revisionist.
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