OMPRAKASH CHAUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition is filed under Sec. 528 of BNSS, 2023 with a prayer to quash and set aside the proceedings and conviction under Sec. 138 of Negotiable Instrument Act, 1881 (hereinafter "the Act"), arising out of judgment dtd. 24/2/2011 qua dishonor of cheque, wherein the petitioner was convicted and sentenced to one-year simple imprisonment, on the ground of compromise entered in-between the parties.

(2.) The factual matrix of the case is that the Respondent No. 1 had filed a complaint against the petitioner under Sec. 138 of the Act, before the learned Trial Court alleging that the cheque bearing No. 371816 dtd. 9/3/2007 for a sum of Rs.100,000.00 (Rs.One Lakh only) was dishonored due to insufficient funds, wherein the petitioner was convicted vide judgment dtd. 24/1/2011 and was awarded sentence for one year along with the fine amounting to Rs..001,20,000/- (Rs.One Lakh Twenty Thousand Only).

(3.) Thereafter, being aggrieved by the said order of conviction and sentence, an appeal was preferred by the petitioner before the Appellant Court, wherein the judgment passed by the learned Trial Court was upheld vide judgment decree dtd. 21/9/2011.