Kedar Mal Samdani vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1951

DEVENDRA KACHHAWAHA
Kedar Mal Samdani – Appellant
Versus
State of Rajasthan – Respondent

Advocates appeared:
Mr. N.K. Gurjar, for the Appellant; Mr. Mukhtiyaar Khan, P.P., Mr. Ashok Khilery, for the Respondent.

ORDER

1. Accused-petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to challenge judgment dated 11.02.2020, passed by Sessions Judge, Bhilwara (for short, 'learned appellate Court'), whereby learned appellate Court has confirmed judgment dated 27.04.2019, rendered by Special Judicial Magistrate (N.I. Act Cases) No.l, Bhilwara (for short, 'learned trial Court'). The learned trial Court, by its verdict dated 27.04.2019, indicted accused-petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') and handed down sentence of six months' simple imprisonment. Besides imprisonment, the learned trial Court has also ordered that accused-petitioner should pay compensation to the complainant to the tune to Rs.21,25,000/- and in default of payment of compensation to further undergo 10 days' 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 that now rival parties ha