DASARA SUTING Vs. LINA KHARSYNTIEW

JUDGEMENT

(1.) This is a revision petition preferred by the petitioner herein, under Sec. 397 Cr.P.C., being aggrieved by the judgment and order dtd. 27/1/2020 passed by the learned Judicial Magistrate First Class, Shillong in C.R. Case No. 1741(S) of 2013.

(2.) The brief background of the case is that the petitioner has obtained a loan from the respondent for an amount of Rs.10,00,000.00(Rupees ten lakhs) only by deposit of her land documents in respect of her landed property situated at New Colony, Laitumkhrah, Shillong. Thereafter, the petitioner has repaid Rs.4,00,000.00 (Rupees four lakhs) only in two instalments of Rs.3,00,000.00 (Rupees three lakhs) only and Rs.1,00,000.00 (Rupees one lakh) only respectively. Then for repayment of the remaining amount, she has handed over a blank cheque to the respondent.

(3.) The respondent then entered an amount of Rs.10,00,000.00 (Rupees ten lakhs) only in the cheque and proceeded to encash the same, but due to insufficiency of fund, the same was dishonoured. The respondent caused issue of a notice upon the petitioner who replied by stating that the amount of Rs.10,00,000.00 (Rupees ten lakhs) only is not correct as Rs.4,00,000.00(Rupees four lakhs) only was returned and only Rs.6,00,000.00 (Rupees six lakhs) only remained as balance and if interest is calculated thereon, the total amount will come to Rs.7,33,000.00 (Rupees seven lakhs thirty three thousand) only. However, the respondent went to the bank to re-encash the said cheque of Rs.10,00,000.00 (Rupees ten lakhs) only but by that time, the petitioner has instructed the Bank to stop payment.