NARESH KUMAR Vs. GAURAV KUMAR SAXSENA

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred claiming the following reliefs:

(2.) The brief facts of this case, as placed before this Court, by the learned counsel for the petitioner are that the complainantrespondent No.1 filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 alleging therein that the petitioner issued a cheque towards repayment of the amount borrowed by him from the complainant; when the complainant presented the same for encashment, the said cheque was dishonoured by the concerned Bank due to insufficient fund. Thereafter, the complainant served a legal notice upon the petitioner.

(3.) The learned court below took cognizance of the matter under Sec. 138 of the Act of 1881. The petitioner appeared and denied the charge and claimed for trial. During trial, the prosecution witnesses were examined, whereafter, the statement of the petitioner under Sec. 313 Cr.P.C. was also recorded. After conclusion of the trial, the learned court below vide the impugned judgment dtd. 17/10/2022 convicted the petitioner for the offence under Sec. 138 of the Act of 1881 and sentenced him for 1 year and 8 months' rigorous imprisonment, alongwith a fine, and in default of payment of fine, he was ordered to undergo further three months simple imprisonment.