DEVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 23/6/2017 passed by learned Addl. Sessions Judge No. 2, Hanumangarh (hereinafter referred to as 'the appellate court') by which the appellate court dismissed the appeal and upheld the judgment dtd. 12/1/2016 passed by the learned Additional Judicial Magistrate, Hanumangarh (hereinafter referred to as 'the trial court') whereby, the learned trial court convicted the present petitioner for offence under Sec. 138 of NI Act and sentenced to undergo six months' simple imprisonment and also ordered to pay a sum of Rs.1,50,000.00 as compensation to the respondent No. 2-complainant.

(2.) Briefly stated the facts of the case are that the complainant filed a complaint under Sec. 138 of NI Act before the Addl. Judicial Magistrate, Hanumangarh against the petitioner alleging therein that on being demanded by the petitioner for loan of his business, the complainant gave Rs.1,00,000.00 to him in the presence of one Hajari. In lieu of the said amount, the petitioner issued a cheque No. 200511. On presentation, the said cheque was dishonoured by the Bank. The complainant served a legal notice dtd. 3/4/2013 upon the petitioner through his Advocate.

(3.) The learned court below took cognizance in the matter and ultimately framed charge for offence under Sec. 138 NI Act against the petitioner. The petitioner denied the charge and claimed for trial. During trial the complainant got himself examined as PW-1 and examined one witness Hazari Ram as PW-2 and got exhibited certain documents. Thereafter statement of the petitioner under Sec. 313 Cr.P.C. was recorded. In defence, the petitioner got himself examined as DW-1 and examined one witness Ranjeet Singh as DW-2 and exhibited one document.