Indrasingh vs State of Rajasthan - 2021 Supreme(Raj) 1895

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1895

DEVENDRA KACHHAWAHA
Indrasingh – Appellant
Versus
State of Rajasthan – Respondent

Advocates appeared:
Mr. Vikas Chouhan, for the Appellant; Mr. Muktiyaar Khan, P.P. Mr. Aqeel Ahmed, for the Respondent.

ORDER

1. Accused-petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to challenge judgment dated 21.05.2017, passed by Additional Sessions Judge No.3, Jodhpur Metro (for short, 'learned appellate Court'), whereby learned appellate Court has confirmed judgment dated 04.03.2017, rendered by Special Metropolitan Magistrate (N.I. Act Cases) No.l, Jodhpur Metro (for short, 'learned trial Court'). The learned trial Court, by its verdict dated 04.03.2017, indicted accused-petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') and handed down sentence of one year's simple imprisonment. Besides imprisonment, the learned trial Court has also ordered that accused-petitioner should pay fine to the complainant to the tune to Rs.2,90,000/- and in default of payment of compensation to further undergo two months' simple imprisonment-. Being aggrieved by the same, petitioner approached learned appellate Court but that effort did not fructify to his advantage as the learned appellate Court dismissed his appeal. This sort of situation has necessitated filing of this revision petition.

2. Learned counsel for the petitioner submits th