ORDER :

MANOJ KUMAR GARG, J.

Instant revision petition has been filed by the petitioner challenging the judgment dated 05.03.2024 passed by learned Special Judge SC/ST (POA), Udaipur, (hereinafter referred to as ‘the appellate court’) by which the appellate court dismissed the appeal and upheld the judgment dated 12.07.2023 passed by the learned Special Judicial Magistrate (NI Act Cases) No.2, Udaipur (hereinafter referred to as ‘the trial court’) whereby, the learned trial court convicted the present petitioner for offence under Section 138 of NI Act and sentenced him to undergo one year’s SI along with fine of Rs.1,00,000/- and in default of payment of fine, to further undergo six months’ SI.

2. Briefly stated, the facts of the case are that the petitioner took a loan of Rs.50,000/- from the complainant/respondent No.2 and in lieu thereof, the petitioner had given a cheque bearing No.740454 of Uco Bank, Bapu Bazar, Udaipur, for a sum of Rs.50,000/- to the complainant. On presentation, the said cheque was returned as dishonoured by the Bank. The complainant served a legal notice upon the petitioner through his advocate and demanded the amount of cheque but the petitioner did not pay