CHANDERSHEKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 15/5/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara (hereinafter referred to as Rs.the Appellate Court') in Criminal Appeal No. 46/2020 by which the Appellate Court dismissed the appeal and upheld the judgment dtd. 5/8/2019 passed by the learned Special Judicial Magistrate (NI Act) Cases No. 2, Bhilwara (hereinafter referred to as Rs.the Trial Court') in Regular Criminal Case No. 1516/2016 whereby, the learned Trial Court convicted the present petitioner for offence under Sec. 138 of NI Act and sentenced him to undergo One year's SI along with fine of Rs.1,50,000/- and in default of payment of fine, to further undergo three months' SI.

(2.) Briefly stated, the facts of the case are that the petitioner took a loan of some amount from the complainant/respondent No. 2 and in lieu thereof, the petitioner had given two cheques bearing No. 047733 amounting to Rs.70,000/- and No. 047735 amounting to Rs.48,000/- of Urban Cooperative Bank Limited, Branch Bada Mandir Purani Dhanamandi, District Bhilwara to the complainant. On presentation, the said cheque was returned as dishonoured by the Bank due to insufficient funds in the account. The complainant served a legal notice upon the petitioner through his advocate and demanded the amount of cheque but the petitioner did not pay any amount to the complainant.

(3.) On the basis of the above complaint, the learned Trial Court took cognizance in the matter and ultimately framed charge for offence under Sec. 138 NI Act against the petitioner. The petitioner denied the charges and claimed for trial. During trial the complainant examined himself as witness and got exhibited certain documents. Thereafter statement of the petitioner under Sec. 313 Cr.P.C. was recorded.