VINOD KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed against the impugned judgment & order dated 11.2.2014 passed by learned Special Judge, SC/ST Cases, Ajmer in Cr. Appeal No. 02/2014 whereby he has partly allowed the appeal by affirming the order of conviction and setting aside the order of sentence dated 24.12.2013 passed by learned Judl. Magistrate, Ajmer in Cr. Case No. 145/2012 (345/2008) whereby the learned trial court has convicted and sentenced the petitioner as under;

(2.) Briefly stated facts of the case are that the respondent filed a complaint before the trial court under Sec. 138 of N. I. Act with the allegation that three cheques of Rs.40,000.00, Rs.16,000.00 and Rs.16,000.00 were given to him by the petitioner, but when he deposited the said cheques, same were dishonoured due to insufficient fund. Thereafter he sent a notice to the petitioner. Since after expiry of notice period, amount was not paid, he filed a complaint under Sec. 138 of N. I. Act. Upon that complaint, trial court took cognizance against the petitioner. The statement of accused petitioner was recorded under Sec. 313, Cr. P. C. The trial court after hearing both the parties, vide order dated 24.12.2013 convicted and sentenced the petitioner as mentioned above.

(3.) Aggrieved against the order of trial court dated 24.12.2013, the petitioner preferred an appeal before the Distt. & Sessions Judge, Ajmer which was later on transferred to the court of Special Judge, SC/ST Case, Ajmer. The learned Appellate Court vide impugned order dated 11.2.2014 partly allowed the appeal affirming the order of conviction and set aside the order of sentence. The benefit of Sec. 3 of Probation of Offenders Act was also extended to the petitioner. Against the said order dated 11.2.2014, this revision petition has been filed.