JITESH KUMAWAT Vs. NARESH

JUDGEMENT

(1.) By the instant revision under Section 397, Cr. P.C., the accused-petitioner has challenged the judgment and order impugned dated 3-12-2002 passed by the Special Judge, SC/ST (Prevention of Atrocities) cases, Udaipur (for short, "the appellate Court") in Criminal Appeal No. 31 / 2000, by which the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 5-4- 2000 passed by the Judicial Magistrate (Junior Division) No. 2 (South), Udaipur (for short, "the trial Court") convicting and sentencing the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1981 (for short, "the Act").

(2.) The facts of the case, relevant and necessary for disposal of this revision petition, are that complainant Naresh filed a complaint before the trial Court stating therein that the accused-petitioner purchased colour of Rs, 39,000/- on credit basis and issued a cheque for this amount. On presentation, the bank dishonoured the cheque on account of insufficiency of amount in the account of the petitioner. A notice was given but despite notice, the petitioner did not pay the aforesaid amount. After hearing the parties and appreciating the evidence on record, the trial Court, vide judgment dated 5-4-2000, convicted the petitioner for the offence under Section 138 of the Act and awarded sentence of three months' simple imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo 15 days' simple imprisonment. The trial Court also awarded compensation of Rs. 50,000/- to the complainant. The petitioner filed appeal, which has been dismissed by the appellate Court vide impugned judgment dated 3-12-2002.

(3.) Heard learned counsel for the petitioner and the Public Prosecutor for the State. No one appeared for the non-petitioner/complainant though served personally. Perused the judgments and orders passed by the Courts below and gone through the record.