RAKESH Vs. STATE & ANR

JUDGEMENT

(1.) This criminal leave to appeal has been filed against the order dated 04.01.2010 passed by the learned Additional chief Judicial Magistrate, Rajsamand, whereby the learned Magistrate while convicting the accused respondent has granted him the benefit of Sec. 4 of the Probation of Offenders Act ('the Act', for short).

(2.) Briefly the facts of the case are that the appellant had filed a complaint under Sec. 138 of the Neotiable Instruments Act against the accused-respondent stating that the Floating Frame Floating Frame accused-respondent had borrowed a sum of Rs.50,000.00 from him. The accused-respondent had given a Cheque, bearing NO.158882, amounting to Rs. 50,000.00. However, when the cheque was deposited, the same was dishonored. He again submitted the cheuqe with the bank on the assurance of the accused-respondent. Against the cheque was dishonored with the note "exceeds arrangement". Thereafter, the appellant sent a notice for demand of justice through his counsel to the accused respondent.

(3.) After hearing both the sides and after going through the oral and documentary evidence, the learned Magistrate has ordered the accused-respondent to pay the compensation of Rs.75,000.00 to the complainant and he has given the benefit of Sec. 4 of the Act to the accused-respondent. Hence, this criminal leave to appeal.