BARIKUL HASAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petitions under Sec. 397/401 Cr.P.C. have been filed against the order dtd. 4/0/2023 passed by learned Additional Sessions Judge No.2, Sriganganagar whereby, the application preferred by the petitioners under Sec. 391 Cr.P.C. for taking on record new evidence found by the petitioner was dismissed.

(2.) Brief facts of the case are that the complainant respondent filed different complaints under Sec. 138 of Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act') against the petitioner to the effect that he had lent amount by way of different transactions to the petitioner and for repayment, the petitioner handed over signed cheques to the complainant. It was alleged that when the complainant/respondent presented these cheques for payment, the same were dishonoured with the note of "Account closure". Thereafter, a legal notice was sent by the complainant through his counsel and later on, a complaint case was filed against the petitioner in which the trial court took cognizance against the petitioner. During trial, statement of complainant PW/1 Hari Ram were recorded and various documents were exhibited. In defence, the statement of DW/1 petitioner Barikul Hasan and DW/2 Shrawan Kumar were recorded.

(3.) Upon conclusion of trial, the trial court after taking into consideration the entire facts and circumstances so also evidence on record, convicted and sentenced the petitioner for offence under Sec. 138 N.I. Act.