MILAN PAUL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of CrPC is directed against judgment and order dated 13.06.2007, passed by learned Addl. Sessions Judge, North Tripura, Dharmanagar in Criminal Appeal No.6(1) of 2007, whereunder, the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence, dated 13.02.2007 passed by learned SubDivisional Judicial Magistrate, Dharmanagar, in case No.G.R.448 of 2005 under Section 420 of IPC.

(2.) Heard learned counsel, Mr. P. Roy Barman for the petitioner and learned P.P., Mr. A. Ghosh for the State respondent.

(3.) Prosecution case, in short, is that the informant (complainant), Manmohan Dutta (PW1) is the proprietor of a shop, namely 'M/s Bhagabati Bhander' at Dharmanagar East Market. Sri Bishnupada Deb, husband of the accused-petitioner, Smt. Milan Paul was a retailer of the shop of Manmohan Dutta and in that connection both Bishnupada Deb and accused-petitioner, Smt. Milan Paul used to visit the shop of Manmohan Dutta and there was good relation between them. On 18.08.2005, accused-petitioner, Smt. Milan Paul went to the shop of the complainant, Sri Manmohan Dutta at Dharmanagar and requested him to give her a loan of Rs. 50,000/-, to meet her some urgent necessity. The complainant, at the outset, refused the proposal but accused-petitioner, Milan Paul insisted the complainant, Manmohan Dutta to give the loan and she proposed to return the amount within one and half month and further proposed to give a signed cheque of Rs. 50,000/- and that cheque can be en-cashed by the complainant in case she fails to make the payment within time. On such proposal made by the accused-petitioner the complainant agreed to give the loan of Rs. 50,000/- to the accused-petitioner and the accused-petitioner also handed over a cheque drawn on Tripura Gramin Bank, Ambassa Branch, vide cheque No.724236 in S.B. A/C No.4784 in the name of accused-petitioner, Milan Paul. When the accused-petitioner did not make payment of the loan amount, the complainant went to Ambassa Branch of Tripura Gramin Bank and presented the cheque to the bank for collection of the money to which he was informed by the bank staff that there was no such amount in the account of the accused-petitioner, Milan Paul to honour the cheque and so the cheque was returned. The complainant, Manmohan Dutta thereafter went to the house of the accused-petitioner on 30.09.2005 and reported the fact that the cheque has not been honoured and demanded the amount to the accused-petitioner to which accused, Bishnupada Deb, the husband of accused petitioner, Smt. Milan Paul took the cheque from the hand of the complainant saying that the complainant will not get the amount and thereafter he tore the cheque into pieces and handed over those torn pieces of cheque to the hand of the complainant again saying that he may now get the amount. The complainant thereafter came back and filed a written complaint in the Court of learned SDJM, Dharmanagar on 07.10.2005 alleging the fact that the accused-petitioner and her husband cheated him and thereby induced him to give a loan of Rs. 50,000/- which the complainant otherwise would not give.