PRAHLAD RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dated 19.01.2019 passed by learned Sessions Judge, Hanumangarh (hereinafter referred to as 'the appellate court') by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 12.06.2018 passed by the learned Judicial Magistrate, Pillibanga (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 one year simple imprisonment and also ordered to pay a sum of Rs.13,50,000/- as compensation to the respondent No.2-complainant. The appellate court while dismissing the appeal of the petitioner has reduced the (2 of 4) [CRLR-213/2019] sentence awarded to the petitioner by the trial court from one year's simple imprisonment to six months' simple imprisonment. The appellantte court also reduced the fine of Rs.13,50,000/- to Rs.7,00,000/-.

(2.) Briefly stated the facts of the case are that on 14.08.2007 the complainant-respondent No.2 filed a complaint under Section 138 of NI Act against the petitioner before the learned Judicial Magistrate, Pilibanga alleging therein that one year ago, the petitioner took a loan of Rs.7 lacs from him for the purpose of buying some land. After some time when the complainant demanded repayment of loan amount, the petitioner issued a cheque dated 05.07.2007 of Rs.7 lacs in favour of the complainant. The complainant presented the said cheque in the Bank on 07.07.2007 but the said cheque was dishonoured by the Bank with a remark that the account had insufficient funds. The complainant served a legal notice upon the petitioner through his Advocate.

(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. The petitioner got himself examined in defence.