HARISH MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dated 15.01.2019 passed by learned Additional Sessions Judge No. 4, Udaipur (hereinafter referred to as 'the appellate court') by which the appellate court dismissed the appeal and upheld the judgment dated 06.02.2018 passed by the learned Special Judicial Magistrate (NI Act Cases) No. 2, Udaipur (hereinafter referred to as 'the trial court') whereby, the learned trial court convicted the present petitioner for offence under Section 138 of NI Act and sentenced to undergo six months' simple imprisonment and also ordered to pay a sum of Rs. ,3,00,000/- as compensation.

(2.) Briefly stated the facts of the case are that the complainant- respondent No. 2 filed a complaint under Section 138 of NI Act against the petitioner alleging therein that the petitioner borrowed a sum of Rs. 2,50,000/- from the complainant-respondent No. 2 and in lieu thereof issued two cheques i.e. cheque bearing No. 153625 dated 28.04.2015 of Rs. 1,00,000/- and cheque bearing No. 153624 dated 04.05.2015 of Rs. 1,50,000/- of Band of India, Branch Sector No. 5, Hiran Magri, District Udaipur. On presentation, the said cheques were dishonoured by the Bank. The complainant served a legal notice dated 11.05.2015 upon the petitioner through his Advocate and demanded the amount of cheque but the petitioner did not pay any amount.

(3.) The learned court below took cognizance in the matter and ultimately framed charge for offence under Section 138 NI Act against the petitioner. The petitioner denied the charge and claimed for trial. During trial the complainant got himself examined and got exhibited certain documents. Thereafter statement of the petitioner under Section 313 Cr.P.C. was recorded. In defence no evidence, oral as well as documentary, was produced by the petitioner.