H.R.PANWAR,J. - (1.) THIS criminal revision petition under Section 397 Cr.P.C. is directed against the judgment and order dated 27.11.2002 passed by Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 62/2000, whereby the appeal filed by the petitioner against the judgment and order dated 25.8.2000 passed by the Judicial Magistrate No. 1 (South) Udaipur (for short 'the trial Court' hereinafter) in Criminal Case No. 188/99 was dismissed and conviction and sentence awarded by the trial Court was affirmed. Aggrieved by the judgment and orders impugned, the petitioner has filed the instant revision petition.
(2.) I have heard learned counsel for the parties and perused the judgment and order of the appellate court as well as of the trial court. I have carefully gone through the record of the trial Court. The facts emerging from the record are that the petitioner issued a Cheque No. 896221 in favour of non-petitioner No. 1 against the amount which the petitioner took from him as loan. The said cheque was presented in the bank, however, the same was dishonoured with the endorsement that the petitioner has insufficient fund in his bank account. By a notice dated 30.12.1998, the non- petitioner demanded the cheque amount. The said notice was served on 7.1.1999. Despite service of notice, the petitioner failed to pay the amount within stipulated period of 15 days. On expiry of stipulated 15 days period, a complaint was filed by the non-petitioner No. 1 under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter). The non- petitioner No. 1 Ashok Kumar appeared as a witness and produced the cheque Ex.P-1, cheque returning memo Ex.P-2 and notice Ex.P-3. The petitioner made statement under Section 313 Cr.P.C. and denied the allegation.
(3.) THE trial court on appreciation of the evidence on record came to the conclusion that non-petitioner has proved the case beyond reasonable doubt against the petitioner for the offence under Section 138 of the Act and accordingly he was convicted for the said offence and sentenced to one year simple imprisonment and a fine of Rs. 1,25,000/-, in default of payment of fine to further undergo 3 months imprisonment. It was further directed that out of the fine amount of Rs. 1,25,000/-, a sum of Rs. 1,20,000/- be paid to the non-petitioner No. 1 as compensation. The judgment and order passed by the trial Court was challenged by the petitioner before the appellate Court. The appellate court on re-appreciation of the evidence came to the conclusion that non-petitioner No. 1 has proved his case beyond reasonable doubt against the petitioner and accordingly the appeal filed by the petitioner was dismissed and conviction and sentence passed by the trial court was affirmed.;