Arjun vs State Of Rajasthan ...
2023 Latest Caselaw 4829 Raj

[2023/RJJD/016458]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 5/2022

Arjun S/o Omprakash, Aged About 30 Years, R/o Bijoliya P.s.
Bijoliya Dist. Bhilwara (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Ram Swaroop S/o Gopal Lal, Bijoliya Dist. Bhilwara (Raj.).
                                                                 ----Respondents


For Petitioner(s)         :     None present
For Respondent(s)         :     Mr. Gaurav Singh, AGA



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

DATE OF ORDER                           :::                       18/05/2023


BY THE COURT:-

1. This criminal revision under Section 397/401 Cr.P.C. is

directed against the judgment of conviction and order of sentence

dated 09.07.2018 passed by the learned Judicial Magistrate,

Bijoliya, District Bhilwara in connection with Criminal Original Case

No.24/2015 whereby the learned court below convicted the

petitioner for the offence punishable under Section 138 of the N.I.

Act and sentenced him to undergo S.I. for a period of one year

and fine of Rs.3,20,000/- and in default to further undergo 2

months S.I. and also for quashing of the judgment dated

17.11.2021 passed by learned Additional Sessions Judge, Bhilwara

in Criminal Appeal No.41/2020 preferred by the petitioner was

dismissed and the judgment of conviction and order of sentence of

the trial court was confirmed.

[2023/RJJD/016458] (2 of 3) [CRLR-5/2022]

2. What is emanating from the record that after 15.11.2022 the

matter was listed before the Court on several occasions but no

one appeared on behalf of the petitioner to argue the matter.

Today, even in the second round of call, no one is present to

represent the petitioner.

3. Heard learned Public Prosecutor for the State and perused

the orders impugned.

4. The brief facts of the case giving rise to the instant revision

petition would be that at the instance of the respondent Ram

Swaroop, a criminal prosecution came to be launched against the

petitioner for committing an offence under Section 138 of the

Negotiable Instruments Act. Requisite material was produced in

trial to show that the petitioner owe a legal debt towards the

respondent and for that the petitioner gave a cheque of

Rs.1,60,000/- to the respondent. When the cheque was presented

to the Bank concerned, it got dishonored owing to insufficiency of

amount in the account of the petitioner. A legal notice was sent to

the accused but due to non-making of payment, a criminal

complaint was submitted, due opportunity of hearing was granted

to both the parties. After taking on record the evidence of the

accused-petitioner, he was examined under Section 313 of the

Cr.P.C. though he claimed innocence but did not opt to adduce

evidence in support of his claim.

5. The leaned Judge after critical appreciation of evidence and

taking into account the law of presumption contained under

Section 139 of the N.I. Act, found the petitioner guilty and thus

convicted and sentenced to suffer one year's simple imprisonment

[2023/RJJD/016458] (3 of 3) [CRLR-5/2022]

along with fine of Rs.3,20,000/- and in default to further undergo

two months simple imprisonment vide judgment dated

09.07.2018.

5. Aggrieved by the judgment of conviction and order of

sentence dated 09.07.2018, the accused-petitioner preferred an

appeal bearing Appeal No.41/2020 before the learned Additional

Sessions Judge, Bhilwara. Both the parties were heard again and

the learned appellate Court made re-assessment of the evidence

and found no error in finding of guilt and thus, the appeal came to

be dismissed vide judgment dated 17.11.2021 and the judgment

of conviction and order of sentence passed by the learned trial

Court was affirmed.

6. After careful scanning of the orders passed by the learned

trial Court and affirmed by the learned appellate Court, I do not

observe any illegality or impropriety therein so as to invoke

revisional jurisdiction of this Court. The appeal came to be

dismissed on 17.11.2021, probably the accused is not in judicial

custody and no endeavor has been made to pursue the instant

criminal revision petition.

7. Viewing from any angle, there appears no merit in the

instant criminal revision petition, therefore, the same deserves

dismissal and accordingly dismissed.

8. The stay petition and all pending applications, if any, shall

stand disposed of.

(FARJAND ALI),J 301-Mamta/-

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