VIJAY KUMAR VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Application (I.A. No. 1/2024) has been filed under Sec. 5 of the Limitation Act for condonation of delay in filing the present criminal revision petition and the same is allowed. Delay in filing the present criminal revision petition is condoned.

(2.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 19/7/2022 passed by learned Additional Sessions Judge No. 1, Sriganganagar (hereinafter referred to as Rs.the Appellate Court') in Criminal Appeal No. 179/2017 (C.I.S. No. 131/217) by which the Appellate Court dismissed the appeal and upheld the judgment dtd. 26/4/2017 passed by the learned Special Judicial Magistrate (NI Act) Cases No. 2, Sriganganagar (hereinafter referred to as Rs.the Trial Court') in Criminal Original Case No. 39/2013 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.2,10,000/- and in default of payment of fine, to further undergo Fifteen (15) days' SI.

(3.) Briefly stated, the facts of the case are that the petitioner took a loan of Rs.1,75,000/- from the complainant/respondent No. 2 and in lieu thereof, the petitioner had given a cheque bearing No. 200568 amounting to Rs.1,75,000/- of Oriental Bank of Commerce, Branch Sriganganagar 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.