NITAI MAJUMDER Vs. TANMOY KRISHNA DAS

JUDGEMENT

(1.) The Courts below have concurrently held that complainant Tanmoy Krishna Das(respondent herein) has established his case under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (NI Act herein) against accused Nitai Majumder, the present petitioner.

(2.) The Chief Judicial Magistrate of Gomati Judicial District by his judgment dated 20.08.2015 passed in case No.C.R.08 of 2015 (NI), convicted the present petitioner for having committed offence punishable under Section 138 of the NI Act and sentenced him to Simple Imprisonment(SI) for 01 year and fine of Rs.7,00,000/- (seven lakhs) payable to the complainant with default stipulation. In appeal, the learned Sessions Judge of Gomati Judicial District by his judgment and order dated 02.11.2017 passed in case No. Crl. Appeal No.47(3) of 2015 affirmed the conviction of the petitioner while reducing the sentence to fine only and directing the petitioner to pay fine of Rs.4,00,000/-(four lakhs) to the complainant and in default suffer Simple Imprisonment (SI) for a period of 6 months.

(3.) The basic facts necessary for disposal of the petition are that the present petitioner and the respondent were known to each other and they were on good terms. The present petitioner used to borrow money from the respondent frequently to meet his financial needs and he used to repay such loan in time. On 15.01.2014 he took a loan of Rs.3,50,000/-(Three lakhs fifty thousand)from the respondent and promised to repay the money within 30.11.2014. The money not being repaid in time, the respondent approached the petitioner on 13.12.2014 and requested him for an early repayment of the same. Pursuant to such request, the present petitioner issued Cheque no.418431 dated 13.12.2014 on Tripura Gramin Bank for an amount of Rs.3,50,000/-(Three lakhs fifty thousand) in the name of the respondent. On the same day the respondent presented the cheque for collection at Central Bank, Udaipur branch at Udaipur where he had an account and the said cheque was returned on 15.12.2014 with an endorsement 'insufficient funds'.