IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO.893/2023
IN
CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP(Crl.) No.9388/2021)
P. MANI APPELLANT
VERSUS
M. GAGAN BOTHRA RESPONDENT
O R D E R
1. For the reasons mentioned in the orders passed from
time to time in the instant application, the order dated
24.08.2022, dismissing the special leave petition, is
recalled and the special leave petition is restored to
its original number and file. IA No.172892/2024 is
allowed. The miscellaneous application is, accordingly,
disposed of.
2. Leave granted.
3. The respondent filed a complaint under Section 138
of the Negotiable Instruments Act, 1881 (in short, the
“N.I. Act”) against the Rajiv Gandhi Memorial Educational
Charitable Trust and the appellant, who was the Managing
Trustee along with two more persons. It was alleged that
a cheque of Rs.35 lakhs, given by the Trust and signed by
the appellant on behalf of the Trust, was dishonoured.
The Metropolitan Magistrate Fast Track Court held the
appellant guilty and convicted him to undergo simple
1
imprisonment for two years and pay a fine of Rs.35 lakhs
along with 9% interest. The appellant preferred an
appeal, but the same was turned down by the Sessions
Judge. He thereafter approached the High Court and vide
the impugned order dated 24.07.2019, the H...