JITENDRA NARCHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitionerJitendra Narchal has filed this revision petition challenging the judgment dtd. 5/2/2019, passed by the learned Additional Sessions Judge (Women Atrocities Cases), Ajmer (Rajasthan) in Criminal Appeal No.84/2018, whereby the appeal filed by the petitioner was dismissed and the judgment of conviction and order of sentence dtd. 7/12/2017, passed by the learned Special Judicial Magistrate (N.I. Act cases) No.1, Ajmer under Sec. 138 of the Negotiable Instruments Act, 1881, was affirmed.

(2.) Learned counsel for the petitioner submitted that the impugned judgments passed by both the Courts below are contrary to the facts as well as the applicable law and, therefore, not sustainable. Learned counsel appearing for the petitioner has further submitted that the learned trial Court has not appreciated the material available before it as per established principles of law. The cheque in question was dishonored by the Bank on the ground that "drawers Signatures Differs" but the signature present on the cheque in question is not of the petitioner, in fact, the cheque was stolen by the complainant from the house of the petitioner and he has misused the same. Learned counsel argued that both the learned Courts have further failed to consider that the alleged notice was not served upon the petitioner. It was argued that both the Courts have committed serious irregularities in convicting the petitioner under Sec. 138 of the Negotiable Instruments Act, 1881.

(3.) Refuting the arguments, learned counsel for the respondent contended that both Courts below have concurrently and rightly appreciated the evidence on record. On proper evaluation of the complainant's evidence, the guilt of the petitioner has been correctly established. He further submitted that the scope of revision is extremely limited and does not permit re-appreciation of evidence as if in an appeal. Therefore, the present revision petition is devoid of merit and liable to be dismissed. In support, reliance was placed on the judgment of the Hon'ble Supreme Court in K. Ravi vs. State of Tamil Nadu, AIR 2024 SC 4074.