KANHAIYALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 7/3/2024 passed by learned Additional Sessions Judge No. 1, Sriganganagar (hereinafter referred to as 'the Appellate Court') by which the Appellate Court dismissed the appeal and upheld the judgment dtd. 30/11/2019 passed by the learned Judicial Magistrate No. 1, Sriganganagar (hereinafter referred to as '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 one year SI along with fine of Rs.12,70,000.00 and in default of payment of fine, to further undergo 3 months SI.

(2.) Briefly stated, the facts of the case are that the petitioner took a loan of ' 10,00,000/- from the complainant/respondent No. 2 and in lieu thereof, the petitioner had given a cheque bearing No. 790806 of Indian Overseas Bank, Branch Sriganganagar 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.) On the basis of the above complaint, the learned Trial Court took cognizance in the matter and ultimately framed charge for offence under Sec. 138 NI Act against the petitioner. The petitioner denied the charge and claimed for trial. During trial the complainant got himself examined and got exhibited certain documents. Thereafter statement of the petitioner under Sec. 313 Cr.P.C. was recorded. In defence no evidence, oral or documentary, was produced by the petitioner.