2020 (8) TMI 214

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on'ble Mrs. Manju Rani Chauhan,J. Sri Diwan Saifullah Khan, Advocate has filed his Vakalatnama on behalf of the opposite party no. 2 in Court today is taken on record. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. This revision has been filed with a prayer to quash the impugned order dated 11.11.2019 passed by....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... it was dishonoured due to insufficient balance. Thereafter, revisionist was summoned and trial was started. After conclusion of trial, the Presiding Officer, Additional Court, Varanasi vide order dated 22.06.2018 convicted the revisionist under Section 138 N.I. Act for one year simple imprisonment and awarded fine of Rs. 17,50,000/-. In case of default of that condition by the revisionist, furthe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....be a minimum of twenty per cent of the fine or compensation awarded by the trial court. In the present case, revisionist did not deposit the said amount in compliance of order dated 30.10.2018 and he approached this Court by means of Petition No. 8740 of 2018 whereby, this Court vide order dated 29.11.2018 had directed the revisionist to pay penalty of 40 per cent of the awarded amount pursuant....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... sought to be recovered from the revisionist. This Court vide order dated 14.11.2019 granted one week time to the revisionist to deposit the penalty amount and in case of non-deposition of the same, impugned order regarding recovery became operative. Learned counsel for the opposite party no. 2 has pointed out about all the orders by which the revisionist has directed to deposit forty per cent ....