LAWS(P&H)-2022-9-245

RAJMAL Vs. ASHOK KUMAR

Decided On September 13, 2022
RAJMAL Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) This is an application filed for grant of leave under Rule 3-A (1) of Chapter VI, Part B, Volume V of the Punjab and Haryana High Court Rules and Orders to file the present petition.

(2.) In view of the averments made in the application, the same is allowed and leave is granted under the aforesaid Rules and Orders to file the present petition. CRR No. 1890-2022 1. Challenge in the revision petition is to the order dtd. 13/7/2022 passed by the learned Additional and Sessions Judge, Hisar, vide which the Criminal Appeal bearing No. 91 of 2021 filed by the petitioneraccused against the judgment of conviction and the order of sentence dtd. 15/7/2021, passed by learned Judicial Magistrate Ist Class, Hisar, has been dismissed and the petitioner has been held guilty for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. 2. Learned counsel for the petitioner has submitted that in the present case, the complainant had promised to manage a loan of Rs.10,00,000.00 from the bank and to complete banking formalities, the complainant had taken 05 blank cheques along with copy of Aadhar card and Pan card from the petitioner but the complainant did not procure any loan for the petitioner and misused the said blank cheques against the petitioner. It is further submitted that even the affidavit of the petitioner Ex. P-5, relied upon by the complainant was a blank document signed by the petitioner and the same had been misused.

(3.) This court has heard learned counsel for the petitioner and has perused the paper book.