KISHORE VERMA Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 16.6.2007 passed by VII ASJ, (Fast Track), District-Ujjain in criminal appeal No. 190 of 2007 whereby judgment dated 16.4.2007 passed by ACJM, Ujjain in criminal case No. 3494 of 2006 whereby the petitioner was convicted for the offence punishable under Sec. 138 of Negotiable Instruments Act (which shall be referred hereinafter as "Act") by sentencing him to one year RI with fine of Rs. 1,000/ - and shall pay a sum of Rs. 99,500/- to the respondent was confirmed, the present revision petition has been filed.

(2.) SHORT facts of the case are that petitioner was prosecuted under Sec, 138 of the Act alleging that petitioner took car loan from the respondent which is amounting to Rs. 2,90,000/- and executed the necessary documents in fa vour of respondent/bank. It was alleged that petitioner gave post dated cheque of Rs. 90,159/- to the respondent/bank on 21.2.2006. It was further alleged that upon presentation the cheque, the cheque was bounced, hence notice was issued but inspite of notice no reply was given by petitioner, thus, prosecution was filed. After framing of charges and also after recording of evidence the offence was found proved and petitioner was convicted as stated here-in-above. An appeal was preferred against that order which was dismissed, hence this revision petition.

(3.) LEARNED counsel for the State submits that after due appreciation of evidence both the Courts below have found the petitioner guilty for the aforesaid offence. It is submitted that revisional jurisdiction of this Court is limited and no interference is called for in the concurrent findings recorded by the Courts below.