T. Amarnath Goud, J. - (1.)This instant criminal revision petition has been filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973, against the impugned judgment dtd. 4/12/2017 passed by the learned Addl. Sessions Judge, Gomati Judicial District, Udaipur, in Case No. Criminal Appeal No.08(01) of 2017, whereby, the learned Appellate Court (learned Addl. Sessions Judge, Gomati Judicial District, Udaipur) upheld the conviction and sentence dtd. 19/12/2016 passed by the learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur, in C.R. (N.I) 01 of 2016, whereby, the learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur, convicted the petitioner for committing an offense punishable under Sec. 138 of the Negotiable Instrument Act, 1881, and sentenced him to suffer rigorous imprisonment for 1(one) year and to pay a fine of Rs.3,00,000.00 and with default stipulation.
(2.)The brief facts of the prosecution case are that respondent No.1 as complainant, filed a complaint before the learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur, alleging inter alia that respondent No.1 had a good relationship with the petitioner, and they were conversant with each other for one and half year and had monitory transaction between them in respect of the business. Respondent No.1 has been carrying coal from Meghalaya and supplying the same to the Brickfield of the petitioner, namely, M/S Joy Ram Industry. For payment of the cost of coal, the petitioner issued a cheque bearing No.185505 on 25/11/2015 in favour of respondent No.1 for discharging his debt and liability for Rs.1,50,000.00 drawn on SBI, Belonia, Branch Belonia, South Tripura. On 1/12/2015, respondent No.1 deposited the said cheque in his account No.0462010023515 at UBI, Udaipur Branch, for encashment, but on 2/2/2015 the said cheque was returned due to insufficient funds. Thereafter, on 7/12/2015, the respondent No.1 issued a Demand Notice to the petitioner. But, the petitioner did not pay the money. Hence, he lodged the complaint against the petitioner before the learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur, and the same was registered and marked as C.R.(N.I) No. 01 of 2016.
(3.)On receipt of the aforesaid complaint, learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur took cognizance and issued summons upon the petitioner. In furtherance of the summons, the petitioner appeared before the learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur, and pleaded not guilty.
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