RAMRAJ SINGH Vs. HARIOM

JUDGEMENT

(1.) This revision petition has been preferred against the judgment of conviction and sentence dated 11.7.2018 passed by IIIrd Additional Sessions Judge, Harda in Criminal Appeal No. 109/2017 confirming the judgment dated 29.11.2017 passed by JMFC, Harda, in Criminal Case No. 161/2016 whereby the applicant has been convicted under Section 138 of NI Act and sentenced to undergo three months RI and also imposed compensation under Section 357 (3) of Cr.P.C. to the tune of Rs. 1,06,200/-.

(2.) The facts of this case are that the applicant issued a cheque of Rs. 90,000/- in favour of the respondent in connection with repayment of loan which was dishonoured and after notice the amount was not paid by the applicant, thereafter, the complaint was filed before the JMFC, Harda. During trial, the defence of the applicant was that he took only Rs. 20,000/- as laon and that amount was also repaid, however, for the satisfaction of the complainant, one blank cheque was given which was not returned by the respondent and fraudulently it was converted to the cheque of Rs. 90,000/-.

(3.) Learned trial Court after completion of trial found the applicant guilty of the offence and convicted and sentenced him as mentioned above.