VIJAY JAIN Vs. FIRM NATHMAL TARACHAND RAANKA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 31.08.2021 passed by the First Additional Sessions Judge, Aashta, District Sehore in Criminal Appeal No. 227/2019, whereby the judgment dated 08.08.2019 passed in SCNIA No. 94/2018 by the Judicial Magistrate First Class Aashta, District Sehore has been affirmed, the present revision petition has been filed.

(2.) The brief facts of the case are that; on 16.02.2018, the accused/revisionist purchased gold bangles costing Rs. 2,91,479.00 on credit. The accused/revisionist failed to make the payment, the complainant demanded the amount and thus on 17.03.2018 the accused handed a cheque bearing cheque No. 00011 of RBL Bank, Mandoi Road Branch Aashta. The said cheque was deposited by the complainant on his account on 22.03.2018 and the said cheque was dishonoured due to insufficiency of funds in the account of revisionist. On 26.03.2018, a legal notice was sent through registered post but the same was returned with a note of refusal. Thus, a complaint under Sec. 138 of the Negotiable Instruments Act was filed by the complainant.

(3.) The learned Trial court convicted the revisionist under Sec. 138 of the Negotiable Instruments Act and convicted him to undergo SI for 1 year and imposed compensation of Rs. 5,80,000/-. Against the judgment of conviction the revisionist preferred an appeal before the Court of learned Additional Sessions Judge, Aashta, However, the same has been rejected by the impugned order dated 31.08.2021. Against the impugned order, this revision petition has been filed.