ISHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was tried and ultimately convicted for committing an offence under Sec. 138 of the N.I. Act vide judgment dtd. 18/9/2021 passed by learned Special Judicial Magistrate (NI Act Cases) No.5, Udaipur.

(2.) Challenging the aforesaid judgment, he preferred an appeal before the Appellate Court bearing Case No.85/2023 and vide judgment dtd. 19/7/2023, the learned Appellate Court decided the appeal observing that the explanation of the petitioner under Sec. 313 of the Cr.P.C. was not sought so also that the learned trial Court was not supposed to inflict fine of Rs.4,00,000.00 and thus it opt to remadn the matter back to the learned trial Court, however, a flagrant error has been committed by giving the direction that the petitioner shall be heard only on the point of sentence. The said judgment dtd. 19/7/2023 is under assail before this Court.

(3.) I have heard learned counsel for the parties and gone through the judgment dtd. 19/7/2023.