CHET RAM Vs. STATE

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dated 24.05.2019 passed by learned Sessions Judge, Hanumangarh, District Hanumangarh (hereinafter referred to as 'the appellate court') by which the appellate court dismissed the appeal and upheld the judgment dated 03.02.2018 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 Section 138 of NI Act and sentenced to undergo six months' simple imprisonment and also ordered to pay a sum of Rs.7,10,000/- as compensation to the respondent No.2-complainant and in default to payment of compensation, the petitioner shall undergo one month's simple imprisonment.

(2.) Briefly stated the facts of the case are that the complainant filed a complaint under Section 138 of NI Act against the petitioner alleging therein that the petitioner is known to him, therefore he advanced a loan of Rs.5,00,000/- on 05.09.2015 as the petitioner was needed the amount for purchasing as agriculture land. In order to repay the loan amount, the petitioner issued a cheque bearing No.458166 dated 09.03.2015. On presentation, the said cheque was dishonoured by the Bank. The complainant served a legal notice 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.