BHERU LAL Vs. BHURA

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 5/3/2020 passed by learned Additional Sessions Judge No. 3, Chittorgarh (hereinafter referred to as Rs.the Appellate Court') by which the Appellate Court dismissed the appeal and upheld the judgment dtd. 15/11/2017 passed by the learned Special Judicial Magistrate (NI Act Cases), Chittorgarh (hereinafter referred to as Rs.the Trial Court') whereby, the learned Trial Court convicted the present petitioner for offence under Sec. 138 of NI Act and sentenced him to undergo six months SI along with fine of Rs. 90,000/- and in default of payment of fine, to further undergo one month SI.

(2.) Briefly stated, the facts of the case are that the petitioner took a loan of Rs. 75,000/- from the complainant/respondent and in lieu thereof, the petitioner had given a cheque bearing No. 054094 of Axis Bank, Branch Chittorgarh to the complainant. On presentation, the said cheque was returned as dishonoured by the Bank. The complainant served a legal notice upon the petitioner through his Advocate and demanded the amount of cheque but the petitioner did not pay any amount to the complainant.

(3.) After conclusion of the trial, the learned Trial Court vide judgment and order dtd. 15/11/2017 convicted the accused-petitioner for offence under Sec. 138 of NI Act.