ALOK MAJUMDER Vs. MIHIR SINGHA ROY

JUDGEMENT

(1.) Heard Mr. D.C. Roy, learned counsel appearing for the petitioner as well as Mr. R.G. Chakraborty, learned counsel appearing for the respondent.

(2.) The petitioner and the sole respondent have filed a joint petition for compounding the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, for short the 'N.I. Act'.

(3.) On complaint received from the respondent, a proceeding was drawn up against the petitioner as the cheque which he had issued in favour of the respondent, had bounced for insufficiency of the fund. On due notice for payment of the amount mentioned in the cheque, when the petitioner did not make the payment, the respondent instituted the complaint within the stipulated time and, on taking cognizance, it reached to the trial, where after recording the evidence, the trial court, being Judicial Magistrate First Class, Agartala, West Tripura, Court No.5, by the judgment dated 07.06.2010 in C.R. No.2506/2006, convicted the sole respondent and sentenced to suffer simple imprisonment for one year with a fine of Rs. 10,000, in default of payment, to suffer further simple imprisonment for two months.