RAJEEV JOSHI Vs. RAJNESH PANDEY

JUDGEMENT

(1.) This revision petition has been filed by the accused- petitioner assailing the judgment dtd. 27/3/2003 passed by the Court of learned Additional Civil Judge (Junior Division) and Judicial Magistrate First Class, No.17 Jaipur City, Jaipur (Raj.) in Criminal Case No.252/2002 (Rajneesh Pandey Vs. Rajeev Joshi), whereby, the accused-petitioner was convicted for the offence under Sec. 138 of the Negotiable Instruments Act, 1981 (hereinafter is to be referred as' the Act of 1981') and was sentenced to undergo one year simple imprisonment with a fine of Rs.5,000.00 and in default of payment of fine to further undergo two months simple imprisonment and further ordered that the accused-petitioner shall pay Rs.1,00,000.00 (Rupees One Lac) as compensation to the complainant and against the judgment dtd. 15/6/2004 passed by the learned Special Court (Fake Currency Cases) Jaipur City, Jaipur in Criminal Appeal No.183/2003, whereby, the appeal filed by the accused-petitioner against the judgment of conviction and sentence, was dismissed.

(2.) Learned counsel for the accused-petitioner submits that the accused-petitioner has already paid the amount of fine that is Rs.1,00,000.00 as compensation to the complainant, as ordered by the learned trial Court. Counsel further submits that the accused- petitioner could not get proper opportunity of hearing at the time of disposal of the said appeal.

(3.) The brief facts of the case are that the complainant- Rajneesh Pandey lodged a complaint against the accused- petitioner for prosecuting and punishing the petitioner for offence under Sec. 138 of the Act of 1981 with the averments that the petitioner issued a cheque of Rs.1,00,000.00 in his favour as regard the debt liabilities and when he presented the said cheque for encashment, same was dishonoured with the remark by the bank that there is no sufficient amount in the account of the petitioner.