KALU RAM Vs. LAXMI NARAYAN BHATI AND ORS.

JUDGEMENT

(1.) THIS revision petition was preferred by the petitioner against the impugned judgment dated 16.05.2011, passed by the learned Sessions Jodhpur Metropolitan in Criminal Appeal No. 8/2011 Laxmi Narayan Bhati Vs. Kalu Ram, whereby, the learned appellate court allowed the appeal of appellant -accused and quashed and set aside the judgment of conviction and order of sentence dated 09.12.2010 and restored the order dated 19.10.2010, passed by the learned Special Judicial Magistrate (NI Act Cases) Court No. 2, Jodhpur passed in Criminal Case No. 1166/2009 Kalu Ram Vs. Laxmi Narayan Bhati @ Laxman Bhati whereby the learned Special Judicial Magistrate convicted the accused for offence under Section 138 NI Act and sentenced for two years' simple imprisonment and ordered to pay compensation to complainant in the tune of Rs. 71,000/ - under Section 357 Cr.P.C., in default of payment of compensation to further undergo 6 months' simple imprisonment. It was also ordered that after depositing the compensation amount, the same be paid to the respondent.

(2.) THE brief facts of the case are that petitioner -complainant preferred the complaint on 17.08.2001 before the learned Additional Chief Judicial Magistrate No. 3, Jodhpur against the respondent -accused for offence under Section 138 NI Act, 1881 and Section 420 and 406 of IPC stating therein that petitioner -complainant is doing handicraft business. In the month of November, 2000 accused came to him and introduced him that he is dealing in handicraft items and received handicraft goods vide challan No. 245 and outward Bill No. 66 dated 05.12.2000 and a cheque of Rs. 21000/ - dated 20.10.2000 bearing No. 212065 drawn on Syndicate Bank, Sojati Gate Branch, Jodhpur was given against the payment of goods. Thereafter, accused again purchased handicraft items for Rs. 66,800/ - against which Rs. 49,632/ - were paid in case and remaining amount of Rs. 17,000/ - was paid through cheque bearing No. 212070 dated 30.12.2000 drawn on Syndicate Bank, Sojati Gate Branch, Jodhpur and assured that both the cheques shall be encashed.

(3.) LEARNED trial court vide order dated 18.07.2003 took cognizance for the offence under Section 138 Negotiable Instrument Act and summoned the accused.