HEMRAJ NAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner had faced trial under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as 'the Act') on a complaint filed by complainant-Rajendra Kumar Jain. Trial Court vide judgment/order dated 20.07.2013 ordered the conviction and sentence of the petitioner under Section 138 of the Act. Appeal filed by the petitioner was dismissed by the appellate Court vide order dated 02.06.2016. Hence, the present petition by the petitioner.

(2.) I have heard learned counsel for the petitioner and have gone through the record available on the file carefully.

(3.) Complainant Rajendra Kumar filed the complaint against the petitioner on the ground that the cheque issued by the petitioner in the sum of Rs. 1,80,000/- dated 01.04.2011 was dishonoured by the Bank, when it was presented for encashment on the ground that the account had been closed. Despite issuance of notice, petitioner had failed to pay the cheque amount in question to the complainant. During trial, complainant appeared in the witness box and led other evidence in support of his case. Both the courts below after appreciating the evidence on record have held that the petitioner was guilty of offence under Section 138 of the Act. Petitioner had failed to establish the plea taken by him that he had handed over the blank signed cheque book to the complainant as the complainant had stood a guarantor, at the time of advancement of loan to him (petitioner) by finance company, when he had purchased the vehicle. Petitioner had not initiated any proceedings against the complainant with regard to the plea taken by him.