- (1.) This Cr. Revision Petition has been filed by the petitioner against the judgment dated 22.2.2013 passed by Addl. Sessions Judge No.13, Jaipur Metropolitan, Jaipur in Appeal No. 1/2012, whereby the appellate court allowed the appeal filed by the accused respondents and set-aside the judgment dated 13.7.2012 passed by the trial court convicting the accused respondent for the offence under Section 138 of NI Act and sentencing him to undergo 1 year's SI with fine of Rs.80,000/-; in default of payment of fine, to further undergo 1 month's SI.
(2.) Brief facts of the case are as under: "Complainant-petitioner filed a complaint under Section 138 of NI Act against the accused respondents. The trial court after recording the statement of complainant took cognizance against the accused under Section 138 of NI Act. The trial court framed charges against the accused, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. Thereafter the statement of the accused person were recorded under Section 313 CrPC. After hearing both the sides, the learned trial court passed the judgment dated 13.7.2012 convicting the accused person for the offence under Section 138 of NI Act and sentencing him as indicated above. Thereafter the accused preferred an appeal before the appellate court. The appellate court vide judgment dated 22.2.2013 set-aside the conviction and sentence of the accused respondent as awarded by the trial court.
(3.) Against the said judgment of the appellate court dated 22.2.2013, this revision petition was preferred.;