BABU LAL CHAUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 5/3/2024 in Criminal Appeal No. 385/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter referred to as Rs.the Appellate Court') by which the Appellate Court dismissed the appeal and upheld the judgment dtd. 27/7/2023 in criminal regular case No. 8106/2014 passed by the learned Special Judicial Magistrate, (NI Act Cases) No. 2, Udaipur (hereinafter referred to as Rs.the Trial Court') 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.I. along with fine of Rs. 2,00,000/-, in default of fine to undergo three months' S.I.

(2.) Briefly stated, the facts of the case are that the petitioner borrowed Rs. 1,00,000/- from the complainant/respondent No. 2 and assured him to return the same. The petitioner had given a cheque bearing No. 760327 amounting to Rs. 1,00,000/- to the complainant on 25/4/2012. On presentation, the said cheque was returned as dishonoured by the Bank as Rs.account closed' on 4/5/2012. 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 charge and claimed for trial. During trial the complainant got examined and exhibited various documents. Thereafter, statement of the petitioner under Sec. 313 Cr.P.C. was recorded.