BHIKHAM CHANDRAKAR Vs. AMAR NATH TAMRAKAR

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS revision is directed against the order dated 28-8-2006 passed in Criminal Appeal No. 43/2006 by the IInd Additional Sessions Judge, Mahasamund (CG) by which learned ASJ has partly allowed the appeal of the applicant and while confirming the conviction dated 4-2-2006 under Section 138 of the Negotiable Instruments Act, 1881 reduced the quantum of sentence from 6 months' R.I. and fine of Rs. 51,000/- to sentence till rising the Court and fine of Rs. 55,000/-. It was further directed that out of Rs. 55,000/-, 51,000/- shall be paid to the son of the complainant (since complainant has died during the pendency of appeal) and rest of the amount shall be paid to the State.

(3.) DURING the course of trial, the complainant examined himself and he also examined one Prasanjeet, Manager, State Bank of Indore, Mahasamund and Shesh Narayan, Clerk, Zila Sahakari Central Bank, Mahasamund. In the statement under Section 313, Cr.PC, the applicant took the defence that in fact, he had not taken any loan from the complainant rather he had given Rs. 51,000/- to him for some construction work and since the construction was not done, he had written a letter for "stop payment" due to which the payment was not made.