SHARDA RANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Criminal Revision Petition aggrieved by judgment and order dtd. 10/11/2014 passed by Judicial Magistrate No.2, Alwar whereby the Court below has convicted the petitioner for offence under Sec. 138 of Negotiable Instruments Act and has sentenced her to undergo two years simple imprisonment and a fine of Rs.98,00,000.00 has been imposed and against the judgment and order dtd. 12/12/2018 passed by Additional Sessions Judge No.1, Alwar, whereby appeal preferred by the petitioner was partly allowed, the sentence of two years was reduced to six months but compensation amount was increased from Rs.98,00,000.00 to Rs.1,47,00,000.00.

(2.) It is contended by counsel for the petitioner that complainant filed a complaint stating therein that he is doing joint business of share trading with the accused. He jointly purchased a property with the accused and profit of Rs.1,25,00,000.00 was outstanding against the accused, in lieu of that amount Cheque bearing No.117465 drawn on State Bank of Bikaner and Jaipur, Branch Alwar dtd. 21/12/2012 of Rs.98,00,000.00 was given by the accused. The said cheque was dishonoured.

(3.) It is contended that there is no business transaction between complainant and the petitioner. Complainant has come up with a case that he was running a business in the name of Agarwal Investment Consultant and accused was a partner in the said business. It is argued that no document with regard to Agarwal Investment Consultant was produced before the Court below. PW-1 Shiv Kumar has admitted that said firm is not registered. There was no material before the Court below to have come to the conclusion that any liability existed for which the cheque was given to the complainant.